Central Information Commission
CIC/AD/A/2010/000426
Dated April 26, 2010
Name of the Appellant : Mr. Ravi Anand
Name of the Public Authority : Prasar Bharati, New Delhi
Background
1. The Applicant filed his RTI Request on 27.08.2009, with the PIO Prasar Bharati, New
Delhi, seeking information against 4 points related to the “Impugned Seniority” assigned
to him and repeatedly disputed by him through various representations including the
reasons for not taking up his representation of 2.6.09 before issuing promotion order on
12.8.09. The PIO replied on 30.09.2009 stating that the Applicant has raised some
questions in the form of queries such as ‘What and Why’ and that the RTI Act does not
cast on the Public Authority any obligations to answer queries in which an Applicant
attempts to elicit answers to his questions with prefixes, such as why, what and whether.
Further it is not ‘information’ as defined u/s 2 (f) of the RTI Act, 2005. Not satisfied with
the reply, the Applicant filed his First Appeal on 27.10.2009 requesting for the
information /No./ Details of court cases which were pending before courts and were
referred to by DG AIR vide letter dated 11.10.2001 mentioning the matter as subjudice
and also to provide him with the office orders/details which affected his seniority as JTS
officer for the year 1984. The Appellate Authority replied on 25.11.2009 directing the
CPIO to allow the Appellant to inspect the records on a mutually convenient date. Still not
satisfied, the Applicant filed his Second Appeal before the Commission on 26.03.2010
commenting on the information provided and also requesting the Commission to exercise
its powers to trigger the process of recasting the roster of seniority and accordingly grant
him promotion with consequential benefits.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for April 26, 2010.
3. Mr. R.K. Dhall, Dy. Director, Ms. Anu Kalra, Section Officer, S.R. Pandey, Consultant
represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. After hearing both sides and as requested by the Appellant the Commission directs that
File No 1/4/99S3 may be inspected by the Appellant and he be provided with copies of
documents he requires. The copy of the judgment referred to in various communication
to the Appellant by the Public Authority, as sought by the Appellant in point 1 of his first
appeal may be furnished to him. The PIO to obtain clarification with respect to Numbers
of posts in group A & B in the UPSC Engineering Examination in the year 1976. This
information may be obtained from the Ministry and provided to the Appellant by PIO
Prasar Bharati. All information to be provided by 15.05.2010.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Ravi Anand,
H No 1172, Indira Nagar,
Lucknow,
UP 226016
2. The Public Information Officer,
Prasar Bharati,
O/o the DDA (E), SIII Section,
DG: AIR, Akashwani Bhavan,
Parliament Street,
New Delhi
3. The Appellate Authority,
Prasar Bharati,
O/o the Director (A),
DG: AIR, Akashwani Bhavan,
Parliament Street,
New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC