In a significant ruling, the Bombay High Court has dismissed a data theft case against Wolfgang Prock-Schauer, former managing director of the airline formerly known as GoAir, stating that no legal offence was substantiated. The decision, issued on October 23 by a division bench comprising Justices Bharati Dangre and Manjusha Deshpande, halts proceedings that the court described as “mere procedural rigmarole.”
Prock-Schauer was accused in a February 2018 FIR lodged by the N M Joshi Marg police, following a complaint by Go Airlines India Ltd. The allegations centered on criminal breach of trust and violations under the Information Technology Act concerning the supposed theft of confidential data.
The court scrutinized the charges laid out under section 43(b) and section 66 of the Information Technology Act, concluding that the actions described in the complaint did not constitute an offence under these provisions. “We fail to understand, as to how the offence under section 66 of the Information Technology Act is made out,” the bench stated, leading to the decision to quash the FIR.
Prock-Schauer, who led the airline from 2015 until his resignation in August 2017, was accused of sending confidential information from his official email to his personal account and a third party, as well as formatting data on his company-issued iPad. The complaint also alleged that during his tenure, Prock-Schauer made unilateral decisions without board consultation and disclosed sensitive company information to external parties.
These actions, according to the complaint, led to significant financial losses for the airline, which prompted the company to initiate a commercial suit against Prock-Schauer in 2018 to prevent further disclosure of trade secrets.
The former executive defended his actions, explaining that the emails in question involved routine communications regarding negotiations with Airbus and were intended for the preparation of business briefings and presentations. He also noted that other communications were related to his resignation and legal consultations with his attorney in Austria.
Despite the serious nature of the allegations, the court found no substantial evidence supporting the claim of fraudulent or dishonest activity by Prock-Schauer in his capacity as CEO. This lack of evidence, coupled with the protective measures already taken by Go Airlines through civil litigation, led to the quashing of the FIR.
