India
Today: New Delhi: Friday, November 16, 2012.
The Central
Information Commission (CIC) has asked the government to disclose all details
relating to the removal of Air India (AI) chairman and managing director (CMD)
Arvind Jadhav in August 2011 and appointment of incumbent Rohit Nandan in
response to an appeal by Right to Information (RTI) activist who was denied
information stating that it was classified.
"Even if
it is admitted that these documents constitute part of the papers which had
been put up before the Appointments Committee of the Cabinet (ACC), the
decision of the ACC has already been implemented; the then-CMD of Air India has
been reverted and a new incumbent appointed in his place," chief
information commissioner Satyananda Mishra said after hearing the government
and the appellant, Subhash Chandra Agarwal.
"The
above provision clearly stipulates that while, ordinarily, the Cabinet papers
would not be disclosed, the basis on which the Cabinet decision is taken,
including the documents placed before the Cabinet for this purpose, must be
disclosed once the decision is taken and completely implemented."
The CIC
ordered that "after weighing the submissions and arguments made before us,
we are of the view that the desired document should be disclosed".
Agarwal had
appealed to the CIC saying that the government had not provided "any
information on the ground that the desired records constituted Cabinet papers
and therefore could not be disclosed".
The CIC
directed that Agarwal be provided "the relevant records which constituted
the grounds for the government decision to revert the then-CMD of the Air India
and appoint someone else in his place" within 10 working days.
In mid-August
last year, the government decided to replace Jadhav and handed over interim
charge to Nandan, who was joint secretary in the civil aviation ministry.
Subsequently, Nandan was made the permanent CMD.
It was
alleged that Jadhav's leadership had alienated employees. Jadhav, who
was appointed in May 2009 for three years, was empanelled as secretary to the
government of India. The civil aviation ministry had been contemplating the
move since 2010.