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Ministry of Civil Aviation provided vague reply to RTI, need help for 1st Appeal


Kris Prasad

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Kris Prasad

1. Submitted following RTI to Ministry of Civil Aviation on 13-June-2020.

2. After delay, of more than 1+ month today evasive reply provided.

3. Need help in submitting RTI 1st Appeal.

 

RTI Query submitted : - Please provide a copy of all the documents including those with a) file notings, b) correspondence with Ministry of Finance, DGCA & PMO & c)
Correspondence and representation from all Airlines operating in India related with issuance of Circular No. 4/1/2020-IR dated 16-Apr-2020 and office
memorandum attached with this circular.

 

" Reply :- In so far as DT section is concerned, information sought regarding complaints registered against airlines is not maintained centrally. Hence, it cannot be provided. Further, CPIO is not required to provide information which would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

It is well settled in law that as per provisions of the RTI Act 2005, the CPIO can only provide that information, which is available in any material form. The CPIO is not required to create information or to interpret information for deducing some conclusion and furnish the conclusion so deduced to the Applicant. The CPIO is also not required to give his opinion or advice on any matter to the Applicant or to solve problems of the Applicant. A copy of this Departments OM No. 29011/27/2020-DT dated 16.04.2020 is enclosed herewith, being the information as available in any material form.

Appeal, if any, in the matter may be made within 30 days of receipt of this reply to Smt. Garima Singh, Director -cum- First Appellate Authority, Ministry of Civil Aviation, B Block, Rajiv Gandhi Bhawan, New Delhi"

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Prasad GLN

The following information was sought by appellant on 13-06-2020

- Please provide a copy of all the documents including those with a) file notings, b) correspondence with Ministry of Finance, DGCA & PMO & c)
Correspondence and representation from all Airlines operating in India related with issuance of Circular No. 4/1/2020-IR dated 16-Apr-2020 and office memorandum attached with this circular.

CPIO need not create file notings, correspondence with Ministry, DGCA & PMO or from all Airlines operating in India regarding Circul 4/1/2020.  He can provide information in the form of material with in his public authority or severe that portion and  transfer RTI  application for that information which is not available in his custody.  

Grounds for Appeal:  CPIO has to either provide the information or deny information stating such exemptions under RTI Act with justification for applying that clause to this application.  CPIO has neither provided nor denied information but made a copy and paste of such irrelevant contents not connected to the information solicited.   Hence treating the information as 'deemed denial" this first appeal.

PRAYER: Appellant prays for directions to provide that information which is available in the form of material with in his public authority only relevant to the query.   CPIO may be deputed for suitable training as he lacks basic understanding of single section applicable to him even after 15 years of enactment of RTI.

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Kris Prasad
23 hours ago, Prasad GLN said:

The following information was sought by appellant on 13-06-2020

- Please provide a copy of all the documents including those with a) file notings, b) correspondence with Ministry of Finance, DGCA & PMO & c)
Correspondence and representation from all Airlines operating in India related with issuance of Circular No. 4/1/2020-IR dated 16-Apr-2020 and office memorandum attached with this circular.

CPIO need not create file notings, correspondence with Ministry, DGCA & PMO or from all Airlines operating in India regarding Circul 4/1/2020.  He can provide information in the form of material with in his public authority or severe that portion and  transfer RTI  application for that information which is not available in his custody.  

Grounds for Appeal:  CPIO has to either provide the information or deny information stating such exemptions under RTI Act with justification for applying that clause to this application.  CPIO has neither provided nor denied information but made a copy and paste of such irrelevant contents not connected to the information solicited.   Hence treating the information as 'deemed denial" this first appeal.

PRAYER: Appellant prays for directions to provide that information which is available in the form of material with in his public authority only relevant to the query.   CPIO may be deputed for suitable training as he lacks basic understanding of single section applicable to him even after 15 years of enactment of RTI.

Many thanks for guidance. Submitting 1st appeal.

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Kris Prasad
2 hours ago, Sunil Ahya said:

You will need to file a first appeal:

Grounds of first appeal:

1. I have not requested for a copy of complaint received against the airlines but I have asked for a copy of complaints made by the airlines with your public authority.

2. The PIO has misinterpreted the provision of section 7(9) of the RTI Act while stating as follows:

Quote:
information which would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

Unquote.

The correct interpretation and the decision of the Hon'ble Central Information Commission as well as Hon'ble High Courts is annexed herewith for your kind perusal as Annexure 'A'.

3. Similarly make other such relevant grounds as you deem fit .....

For preparing Annexure 'A' kindly refer to the blog on the following link:

https://rtiindia.org/blogs/entry/2350-understanding-section-79-of-the-rti-act-2005/

Noted with thanks Sir.
Submitting 1st Appeal.

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