JUDGMENT

RAJIV SAHAI ENDLAW, J

1. This intra court appeal impugns the order dated 28th November, 2011 of the learned Single Judge allowing WP(C) No. 2143/2011 preferred by the respondent. The said writ petition was preferred impugning the order dated 9th March, 2010 of the Central Information Commission (CIC) upholding the order of the Information Officer and the First Appellate Authority of the appellant Air India refusing to furnish the information sought by the respondent under the provision of the Right to Information Act, 2005 on the ground of the same being exempted under Section 8(1)(d) of the said Act.

2. The respondent had vide application dated 17th November, 2008 sought the following information:

“1. Were free complimentary air tickets, by whatever name called, issued by the erstwhile Air India Limited during the period

01.01.2006 to 31.12.2006.

2. In case answer to Question No.1 is affirmative, then the number of such tickets issued during the period 01.01.2006 to 31.12.2006 and who authorized/sanctioned these air tickets? What were the rules/regulations in this regard? Please also furnish a copy of relevant rules/regulations for the said period.

3. In case answer to Question No.1 is affirmative, then please furnish details of such free complimentary air tickets allowed during the period in the following format, therein date on which and station for which free air tickets were allowed and the names and addresses of the persons to whom air tickets were allowed.

Serial No. Date Station Name and address of the persons to whom free tickets were allowed.

4. Were free complimentary air tickets, by whatever name called, allowed on recommendations made by officers/administration of the erstwhile Indian Airlines Ltd. during the period 01.01.2006 to 31.12.2006?

5. In case answer to Question No.1 is affirmative, then please furnish details of such free air tickets allowed during the above period in the following format, giving therein date on which and station for which air tickets were allowed, the names and addresses of the persons to whom air tickets were allowed and Names and Designation of the officers who made the recommendations.

Serial Date Station Name and address Name and No. of the person designation of the officer”

3. Upon the Information Officer of the appellant Air India in response thereto, referring the respondent to replies given to other similar queries, the respondent approached the First Appellate Authority. Under the direction of the First Appellate Authority, the Information Officer of the appellant Air India responded as under:

“1) Like all other airlines complimentary tickets are given by Air India for commercial Interest and to encourage and promote travel on our flights and to help in image building of the airline.

2) Approx. 1200 complimentary tickets were issued in 2006 by erstwhile Air India. The number of tickets allocated to the regions are authorized by the Commercial Director.

3) The disclosure of names of persons to whom such tickets were issued would be detrimental to the commercial interests of the company considering the fierce level of competition that is existing in the Aviation Industry. Also such information is exempted from disclosure under Section 8(1)(d) of RTI Act

2005 and the same is therefore being denied.”

4. Aggrieved therefrom, the respondent preferred the appeal directly to the CIC. The CIC however was of the opinion that the commercial interest of the appellant Air India may be affected by the disclosure of the details of the complementary tickets and invoking Section 8(1) (d) of the RTI Act upheld the denial of information. It was however further observed that the rules/regulations regarding complimentary tickets were not exempted under the RTI Act and the appellant Air India was as such directed to provide copy of rules/ regulations for issuing complimentary tickets.

5. The respondent being still unsatisfied, filed the writ petition from which this appeal arises. The learned Single Judge o