Companies & Sectors
Air India grounds all six Dreamliner planes

Air India officials said they have grounded all the six planes in its fleet with immediate effect following the FAA directive and the Director General of Civil Aviation (DGCA) advisory

New Delhi: State-owned Air India on Thursday grounded all its six Boeing-787 Dreamliner planes after a global directive by US regulator, Federal Aviation Administration (FAA), to stop operations of all the 50 such planes delivered so far to various airlines, reports PTI.

 

The FAA directive was immediately adhered to by aviation regulator of countries whose airlines have so far bought these latest aircraft.

 

On Wednesday, Japan had grounded 24 Dreamliner owned by two of its airlines—ANA (All Nippon Airways) and Japan Airlines.

 

Air India officials said they have grounded all the six planes in its fleet with immediate effect following the FAA directive and the Director General of Civil Aviation (DGCA) advisory.

 

They said that FAA has directed the grounding of the entire Dreamliner fleet till such time as the aircraft manufacturer Boeing “demonstrate compliance” of various measures the American regulator has asked it to carry out.

 

However, the officials maintained that its services will not be affected in any major way as flights to Paris and Frankfurt operated by the Dreamliner will now be serviced by Boeing 777.

 

While one of the six planes is always on a standby, three are used on the domestic sector and two on international including Paris and Frankfurt, they said, adding that domestic services would be absorbed by the existing fleet of aircraft.

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Wednesday Closing Report: Short rally comes to an end?

 We have been warning that the short rally which started on Monday was extremely risky. Today, the Nifty gave up a substantial part of the two-day gains. Now 5,950 will be make-or-break for the benchmark in the short-term

A bleak picture of the Indian economy painted by the World Bank and weak global cues caused the market to give up more than what it gained in the previous session. We have been warning that the short rally which started on Monday was extremely risky. Today, the Nifty gave up a substantial part of the two-day gains. Now, 5,950 will be make-or-break for the benchmark in the short-term. The National Stock Exchange (NSE) reported a volume of 75.85 crore shares and advance-decline ratio of 420:1352.

 

The market, which closed at near its two-year high on Tuesday, opened a tad lower tracking the Asian markets which were mostly lower in morning trade. Comments by the World Bank in its “Global Economic Prospects 2013” report, released on Tuesday, that the sharp slowdown in the Indian economy has weakened the growth rate of South Asia, also weighed on investor sentiments.

 

The Nifty opened trade down eight points at 6,049 and the Sensex started off at 19,978, a cut of nine points from its previous close. Choppiness was prevalent since the beginning of trade. But buying in select buying lifted the benchmarks to their intraday highs in the first hour. At the highs the Nifty touched 6,056 and the Sensex rose to 20,009.

 

However, the market could not sustain the gains and the indices ventured on a southward journey as investors indulged in profit booking in technology, auto and banking stocks.

 

A weak opening of the key European markets kept the domestic benchmarks in the negative in the second half of the trading session. The benchmarks drifted further down in post-noon trade as selling pressure increased.

 

The indices fell to their intraday lows in the last half hour with the Nifty going down to 5,992 and the Sensex dropping to 19,783.

 

A minor recovery in the dying minutes helped the market settle off the lows. The Nifty declined 55 points (0.90%) but managed to retain the 6,000 mark, settling at 6,002. The Sensex, closed 169 points (0.85%) down at 19,818.

 

The broader markets underperformed the Sensex today as the BSE Mid-cap index dropped 1.35% and the BSE Small-cap index declined 1.24%.

 

BSE Oil & Gas (up 0.43%) was the lone gainer in the sectoral space. The losers were led by BSE Auto (down 2.40%); BSE Metal (down 2.10%); BSE Bankex (down 1.66%); BSE Realty (down 1.37%) and BSE Capital Goods (down 1.17%).

 

Six of the 30 stocks on the Sensex closed in the positive. The chief gainers were Reliance Industries (up 1.72%); Dr Reddy’s Laboratories (up 1.43%); TCS (up 1.03%); NTPC (up 0.19%) and GAIL India (up 0.17%). The main losers were Hindalco Industries (down 4.38%); Maruti Suzuki (down 3.43%); Tata Motors (down 3.24%); Jindal Steel & Power (down 3.11%) and Mahindra & Mahindra (down 2.95%).

 

The top two A Group gainers on the BSE were—TTK Prestige (up 6.31%) and Oberoi Realty (up 5.12%).

The top two A Group losers on the BSE were—Reliance Communications (down 5.93%) and Pantaloon Retail (down 5.01%).

 

The top two B Group gainers on the BSE were—Comfort Intech (up 16.22%) and Prakash Constrowell (up 10%).

The top two B Group losers on the BSE were—IOL Netcom (down 17.21%) and Premier (down 13.43%).

 

The Asian pack closed mostly lower on profit booking after the recent gains and on dismal macro-economic indicators as China’s foreign direct investments fell in 2012 on slowing growth.

 

The Shanghai Composite declined 0.70%; the Hang Seng shed 0.10%; the KLSE Composite fell 0.17%; the Nikkei 225 tumbled 2.565; the Seoul Composite declined 0.32% and the Taiwan Weighted tanked 0.83%. Bucking the trend, the Jakarta Composite gained 0.23% and the Straits Times climbed 0.39%.

 

At the time of writing, the key European indices were trading with cuts of around 0.30% and the US stock futures were in the negative.

 

Back home, foreign institutional investors were net buyers of equities totalling Rs1,077.54 crore on Tuesday. On the other hand, domestic institutional investors were net sellers of stocks amounting to Rs755.84 crore.

 

Out of the 50 stocks listed on the Nifty, seven stocks settled in the positive. The major gainers were HCL Technologies (up 1.64%); RIL (up 1.52%); Dr Reddy’s (up 1.19%); Power Grid Corporation (up 1.04%) and TCS (up 0.56%). The key losers were Hindalco Ind (down 4.26%); Reliance Infrastructure (down 3.91%); Jaiprakash Associates (down 3.53%) and Jindal Steel & Power (down 3.19%).

 

Electrical goods maker Havells India today said it will double the production capacity of its Baddi plant in Himachal Pradesh to 10 lakh stock-keeping units (SKUs) per day in the next 6-9 months. The facility manufactures switches and domestic switchgear for Havells and Crabtree brands. Havells declined 0.62% to close at Rs685.60 on the NSE.

 

Videocon Mobile Services, part of the Videocon Industries group, will roll out next generation of products and services by adapting a highly spectrum-efficient 4G technology across the newly-acquired circles in the second half of 2013. The 4G technology is based on FDD LTE, which enables operators to gain more efficiency using the same spectrum resources. Videocon Ind dropped 2.47% to close at Rs217 on the NSE.

 

Competition Commission of India (CCI) has dismissed an appeal seeking anti-dominance sanctions against a new project of realty major DLF saying it will not entertain any such plea merely on the basis of penalties imposed on the company's Belaire housing project.

 

After finding DLF to have abused its dominant position with respect to its Belaire project at Gurgaon in national capital region, CCI had fined DLF in August 2011 and had asked it to “cease and desist” from anti-competitive practices. The realty major fell 1.98% to close at Rs247.95 on the NSE.

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RTI Judgement Series: When a PIO denies information on a completely false representation

In a clear case of giving misleading information, the PIO of the Railway Board was found wrongly claiming exemption citing a stay obtained in a different case. This is the 22nd in a series of important judgements given by Shailesh Gandhi, former CIC, that can be used or quoted in an RTI application

A Public Information Officer (PIO) of the Railway Board was found giving misleading information and wrongly claiming exemption where none exists and was ordered to provide information to the appellant under the Right to Information (RTI) Act. While giving this important judgement, Shailesh Gandhi, former Central Information Commissioner, issued a show-cause notice to the PIO.

 

“From the facts before the Commission it is apparent that the deemed PIO SM Mathur is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. It appears that the deemed PIO’s actions attract the penal provisions of Section 20 (1),” the Central Information Commission (CIC) said in its order dated 15 June 2009.

 

GPN Tiwari, a resident of Gorakhpur district on 14 November 2008 sought information about his answer books from the PIO of Railway Board. He appeared in about 3A Exams (main) from SO (Accts) group conducted by Director of Finance (CCA) of the Railway Board, during 2004 and 2006. He said he was fully confident that the papers were solved to his utmost satisfaction and the marks obtained by him seem to be very low. Therefore the appellant had asked for observing the following answer books in original for his personal verification and ultimate satisfaction:

S.No.

Exam

Roll No.

Subject code

Paper code

Marks obtained

1.

Appx. 3A Exam-2004 (main)

(from NER/GKP)

03573

SB2-08

WOB-2

36

2.

Appx. 3A Exam-2006 (main) (from NCR/ALD)

03151

SBI-04

SB2-08

WOB-1

WOB-2

41

33

 

The PIO replied that “Answer books of the Appendix-3 (IREM) Examinations are preserved in the Railway Board for a prescribed period. Recently, CIC has ordered disclosure of answer books of Appendix-3(IREM) Examinations by the Railway Board. Railway ministry has filed appeal in the High Court of Delhi against the said order which is the subject matter of CWP 9049/2008.  Hon'ble High Court of Delhi has granted stay order on 19 December 2008 on the CIC orders of disclosure of answer etc.  Hence, answer books of Appendix-3 (IREM) Examinations cannot be provided at present.”

 

Tiwari then filed the first appeal with the First Appellate Authority (FAA), whose order said that “I find that information as sought by you and available in this office as already been furnished by the PIO vide letter dated 31.12.2008.  The appeal has been examined and a brief apprising you with the position you with the position have already been provided from the Directorate concerned.”

 

Not satisfied with the replies provided by both the PIO and the FAA, the applicant then approached the Commission. During the hearing, the Commission noted that the PIO denied information on a complete false representation and the stay order given by the high court does not cover the RTI application in the instant matter. The high court stay order referred to by the PIO states as follows:

 

WP(C) No.9049/2008 and CM.No.17383/2008 (Stay): “Learned counsel for the petitioner submits that the petitioner has   complied with the substantial part of the order passed by the CIC, however, petitioner is aggrieved by the direction of the CIC whereby the petitioner has been directed to disclose and handover copies of the answer-sheets of other candidates, which he submits is against the decision of the Full Bench of the CIC itself as observed in para 42 of the Judgment.”

 

Para 42 of the CIC’s decision referred to in the said stay order states:

“42. However, in so far as the departmental examinees are concerned or the proceedings of Departmental Promotion Committees are concerned, the Commission tends to take a different view. In such cases, the numbers of examinees are limited and it is necessary that neutrality and fairness are maintained to the best possible extent. Disclosure of proceedings or disclosure of the answer sheets not only of the examinees but also of the other candidates may bring in fairness and neutrality and will make the system more transparent and accountable. The Commission, moreover finds that the proceedings of the Departmental Promotion Committees or its Minutes are not covered by any of the exemptions provided for under Section 8(1) and, therefore, such proceedings and minutes are to be disclosed. If a written examination is held for the purpose of selection or promotion, the concerned candidate may ask for a copy of the evaluated answer sheet from the authority conducting such test/examination.”

 

Mr Gandhi observed that the CIC’s decision in fact states that the case covered by this application is not covered by any of the exemption of the RTI Act and the Commission has ruled that the information must be provided. “This appears to be a clear case of the deemed PIO-Director (Finance) giving misleading information and wrongly claiming exemption where none exists,” he noted.

 

The Commission, while allowing the appeal asked the PIO to provide the information to the appellant before 20 June 2009.

 

It further said, “From the facts before the Commission it is apparent that the deemed PIO SM Mathur is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. It appears that the deemed PIO’s actions attract the penal provisions of Section 20 (1). A show-cause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why a penalty should not be levied on him.”

 

 

 

CENTRAL INFORMATION COMMISSION

 

Decision No. CIC/SG/A/2009/000966/3696

http://www.rti.india.gov.in/cic_decisions/SG-15062009-05.pdf

Appeal No. CIC/SG/A/2009/000966

 

                                                                  

Appellant                                            : GPN Tiwari, AA

                                                            PO-Kunraghat

                                                            Dist. Gorakhpur (UP)

                                                                                                 

Respondent                                        : CPIO (III)

                                                            Railway Board

                                                            Ministry of Railway, Govt of India

                                                            RTI Cell

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COMMENTS

SUJIT KATYAL

4 years ago

I only wish there were more upright commisioners like Hon. Shailesh Gandhi.

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