DNA: New Delhi: Friday, August 03, 2012.
Air India is not exempted under the RTI Act from disclosing the identity of persons to whom complimentary tickets are issued, the Delhi High Court has held.
Upholding a single judge's November 28, 2011 order, a bench of Acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw dismissed an appeal filed by AI and directed the national carrier to reveal the names and addresses of the people to whom complementary air tickets were issued in 2006.
The bench concurred with the single judge and rejected the AI's argument that disclosure of the identity of these peoples would harm the commercial interest of the airline.
"Naturally, the exemption cannot be allowed merely on the ground thereof being raised. It is for the public authority claiming exemption to lay foundation, of the information falling in one of the exempted categories.
"We are afraid, AI has not laid any such foundation. Even in the list handed over to us, there is nothing to show that there is any confidentiality attached thereto. In fact, recognising some of the names in the list we ourselves are curious to know the reasons for the appellant to have bestowed largesse of complimentary tickets on them. Even otherwise we find the plea raised by AI...to be a bogey," the bench said.
The airline had argued before the court that complimentary tickets were given for commercial interest and to encourage and promote travel on AI flights and to help its image building.
Air India had informed the bench that a total of 44 lakhs tickets were sold in 2006 and only a miniscule number of 1200 complimentary tickets were issued. But a list of 706 names was furnished before the court.
"Judicial notice can be taken of the huge influx from time to time of public funds, on the crutches whereof the AI is functioning. It is otherwise not disputed that it is a public authority. The issuance of complimentary tickets by the appellant (AI) is thus obviously at the expense of the public exchequer," the bench observed.
"We are not impressed with the argument that complimentary tickets representing a miniscule proportion of the total number of tickets sold by the appellant. Even otherwise it is not disclosed as to what monetary value the said 1200 tickets represent....
"The public funds even of a small amount cannot be allowed to be wasted and no public official, as the employees, officers of AI, are authorised to meet or dole out personal favour at the cost of public funds," the judges said.
In November 2008, one Virender Singh had sought detailed information through RTI Act about the number of free complimentary air tickets issued during the period January 1, 2006 to December 31, 2006, as to who sanctioned these air tickets, what were the regulations in this regard and the names and addresses of those who were issued the tickets in 2006.
On Singh's application, Central Information Commission in March 2010 had upheld AI's stand of not revealing the identity on the ground that it would have affected the commercial interest of the company. However, on Singh's appeal, the high court single judge had reversed the CIC order and directed AI to reveal the information in November last year.
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