Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2010/000452
Name of the Appellant : Sau Nayna Jaykisan Tekwani
(The Appellant was not Present)
Name of the Public Authority : National Aviation Company of India
Limited, (NACIL) Mumbai.
Represented by Shri Mukesh Nhatia,
General Manager.
The matter was heard on : 10.11.2010.
ORDER
Sau Nayna Jaykisan Tekwani, Appellant, through his RTI application dated
4.12.2009, requested the CPIO, NACIL, Mumbai for information pertaining to travel
undertaken by Shri Abid Ahmad Shaikh to any foreign country between the period
16.10.2009 till the date of the RTI application from Mumbai International Airport, on
Indian visa, including details of the journey undertaken by Shri Abid Ahmad Shaikh
for visiting the foreign country, the validity period of the visa of Shri Abid Ahmad
Shaikh and if the aforementioned person had not performed any journey to any
foreign country between the period 16.10.2009 till the date of RTI application, the
statement to the effect after verifying facts. Shri R. Harihar, Executive Director
(WRIndia), CPIO vide his reply dated 31.12.2009 informed the Appellant that they
were unable to furnish the information in absence of any particulars about the
passenger and in view of the fact that there are 27 foreign airlines operating out of
Mumbai. Not satisfied with the reply, the Appellant filed an appeal before the FAA.
Shri K.M. Unni, FAA and SBU Head MRO (Air Frame), NACIL vide his letter dated
28.1.2010 replied to the Appellant as follows:
“I have examined your application dated 4.12.2009 filed under the RTI Act
with Shri R. Harihar, CPIO&ED(WR), Shri Chatrapati Shivaji International Airport,
Mumbai and the reply of the CPIO, National Aviation Company of India Ltd. (NACI)
dated 31.12.209. It is observed that the information sought for by you does not
relate to NACIL and would be available only with Immigration Authorities, Govt. of
India, Mumbai. NACIL has the information only with respect to the passengers
flown on its network. The Company keeping in view its commercial interests
follows the practice of not disclosing the travel particulars of its valued passengers
to any third party. Such an information is available with us not only in a fiduciary
relationship but also amounts to invasion on the privacy of an individual. In this
connection please refer to Section 8(1) (d), 8(1) (e) and 8(1) (j) of the RTI Act,
2005.”
During the hearing, the Respondent submits that in absence of any
particulars of the passenger or the airline by which the travel was undertaken, or
details of passport, it is not possible for NACIL to provide the information asked for.
He also reiterates the stand of the FAA that the information relates to personal
information, the disclosure of which has no relationship to any public activity or
interest.
After hearing the Respondent and on perusal of relevant document on file,
the Commission is of the view that the FAA has rightly denied the sought for
information under section 8(1) (d) (e) and (j) of the RTI Act. Therefore, the
Commission finds no reason to interfere in the reply of the FAA.
With these observations/directions the matter is disposed of on the part of
the Commission.
(Sushma Singh)
Information Commissioner
10.11.2010
Case No. CIC/SS/C/2010/000452.
Authenticated true copy:
(S.Padmanabha)
Under Secretary & Deputy Registrar
Copy to:
. Sau Nayna Jaykisan Tekwani,
R/o Jetha Villa, Near Sewasram,
Shanti Nagar, Bhusawal Tq. Bhusawal,
Distt. Jalgaon,
Maharashtra – 425201.
2. The C.P.I.O,
Executive Director,
Air India, (NACIL),
Transport Complex Building,
Chhatrapatei Shivaji International Airport,
Vile Parle (E), Mumbai – 400099.