Central Information Commission Judgements

Mr. N.K. Mohan Ram vs Prasar Bharati, Bangalore on 9 December, 2009

Central Information Commission
Mr. N.K. Mohan Ram vs Prasar Bharati, Bangalore on 9 December, 2009
              Central Information Commission
                                                                         CIC/AD/C/2009/000919
                                                                        Dated 9th December, 2009


Name of the Applicant                           :   MR. N.K. MOHAN RAM


Name of the Public Authority                    :   PRASAR BHARATI, BANGALORE

Background

1. The Applicant filed his RTI application with the APIO /Directorate General,
Doordarshan, New Delhi requesting for information against 14 points related to
National Commission for Scheduled Castes. The Dy. Director (Admn.) & CPIO,
DG:Doordarshan, New Delhi transferred the RTI application to the Sr, Director & CPIO,
Doordarshan Kendra, Bangalore requesting him to provide the information directly to
the Applicant. On 05.06.09 the Applicant sent a reminder to the CPIO, Directorate
General, Doordarshan, New Delhi stating that he has not received any reply from the
Doordarshan Kendra, Bangalore and from DDG (South). He also stated in his letter
that the information is available with Mr.R.Venkateshwrlu as on his orders Mr.Joshi
had performed the official tour. On not receiving any reply to the reminder the
Applicant filed his First Appeal on 15.07.09 seeking information once again. However,
on still not receiving any information, the Applicant filed a Complaint before the CIC on
21.09.09. A Notice was issued by the CIC dated 29.10.09 directing the PIO to provide
information and also to respond to show cause Notice issued to him for not furnishing
the information on time and to appear before the Commission on 09.12.09 with the
relevant files and documents.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 9th December, 2009.

3. Dr. Ramesh Joshi, Sr. Director & CPIO, Mr.R. Venkateswaran, Dy. Director General &
Appellate Authority and Mr.J. Shiva Kumar represented the Public Authority.

4. The Complainant was present during the hearing.

Decision

5. The Respondent from Doordarshan Kendra, Bangalore stated that the RTI Application
was transferred back to the Doordarshan Kendra, New Delhi on 12.05.09 as the
information sought pertains to that Kendra. The Respondent from Doordarshan
Kendra, Bangalore produced before the Commission the evidence of the letter having
been dispatched through Speed post to Doordarshan Kendra, New Delhi. The
Respondent Appellate Authority, Doordarshan Kendra, New Delhi informed the
Commission that on receipt of the notice from the Commission, the information was
sent to the Doordarshan Kendra, Bangalore. The Respondent Appellate Authority,
during the hearing also informed the Commission that on receipt of the notice of the
Commission sent to the Doordarshan Kendra, Bangalore which was forwarded to him
and was received by him on 18.11.09, available information was provided to the
Complainant on 27.11.09. The CPIO, Doordarshan Kendra, Bangalore submitted that
the information was sent to the Complainant by Speed post but the same was
returned back since the Complainant refused to take the same. The Applicant however
maintained that he was out of Bangalore on 28.11.09, on the day on which the speed
post letter was brought to his residence by the Postman and hence he was not able to
receive it. He stated that he had not refused to receive the letter. In these peculiar
circumstances of the case. the Commission directs the CPIO Doordarshan Kendra,
Bangalore to provide the information once again free of cost to the Complainant. A set
of information was furnished to the Complainant by the Respondent in the presence of
the Commissioner.

6. The Commission also directs Ms. Sunita Bharal, Dy. Director (Admn) & CPIO,
Doordarshan Kendra, New Delhi to show cause as to why the information has not been
provided till date to the Complainant . The response to reach the Commission by 15
January, 2010. Information to be provided by Ms. Sunita Bharal to the Complainant
by 15 January, 2010.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar
Cc:

1. Mr. N.K. Mohan Ram
GF-8, ‘Atria Villa’
Palace Guttahalli Main Road
Malleshwaram
Bangalore – 560 033.

2. The PIO
Prasar Bharati
O/o the Sr. Director
Doordarshan Kendra,
J.C. Nagar
Bangalore – 560 006.

3. The Appellate Authority
Prasar Bharati
O/o the Sr. Director
Doordarshan Kendra,
J.C. Nagar
Bangalore – 560 006.

4. Officer in charge, NIC

5. Press E Group, CIC