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Decision No. CIC/AD/A/2011/001256/SG/14854
Appeal No. CIC/AD/A/2011/001256/SG
Relevant Facts
emerging from the Appeal
Appellant : Ms. Sharmila Chowhdury
All India Radio Upper Colony
Opposite Hotel Donyi Polo Ashok
‘C’ Sector
Itanagar-791111
Arunachal Pradesh
Respondent : Mr. S. P. Bhattarcharya
CPIO & Under Secretary
Ministry of Information and Broadcasting
Government of India
‘A’ Wing, Shastri Bhawan
New Delhi
RTI application filed on : 26/04/2010
PIO replied : 28/05/2010
First appeal filed on : 16/07/2010
First Appellate Authority order : 10/08/2010
Second Appeal received on : 10/05/2011
Sl. Information Sought Reply of the PIO
1. Provide the specific Rules & Regulation of Government of The enhancement of pay of certain cadres
India along with documentary proof, under which the of engineering staff of AIR and
Government of India has made an agreement with the Doordarshan during 1997 was reached
unrecognized Association i.e. “ARTEE” & “TEA” between the Government and Sanyukt
regarding enhancement of pay of certain Cadre of Sangharsh Samiti comprising ADTEA and
Engineering Staff of AIR & Doordarshan on 7th ARTEE and signed on 5.2.99.
November 1997, for utilization of Government Fund where
Public Interest is involved.
2. Furnish the specific Rules & Regulation of Government of The above agreement and the Govt. order
India under which the Ministry of Information & dated 25.2.1999 enhancing the pay scale
Broadcasting has not taken into account the above clause do not cover the enhancement of the said
i.e. Higher Pay scale in respect of Existing Employees of pay scales to the administrative cadre,
Prasar Bharati (i.e. Administrative cadre, Motor Driver, motor driver, announcer and Group ‘D’
Announcer, Group’D’ etc.) at the time of etc. in Prasar Bharati.
granting/sanctioning the Prasar Bharati Scale to certain
Cadre of Engineering & Program staff of Prasar Bharati.
3. So, provide the photo-copy of all proposals/decisions Such proposal is dealt in BA (P) Section
which has been submitted by the Prasar Bharati before the of the Ministry. As such, the applicant is
Ministry of Information & Broadcasting for granting of requested to get the information on this
Prasar Bharati Scale to the employees of Prasar Bharati till point from Smt. G. Jayanthy, Deputy
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date. Secretary, BA(P) Section, Room No. 709,
‘A’ Wing, M/o I&B, Shastri Bhawan or
from Shri SK Garg, Under Secretary,
BA(P) Section, Room No. 647; ‘A’ Wing,
M/o I&B, Shastri Bhawan.
4. Furnish the specific Rules & Regulation of Government of The above government order does not
India under which the Ministry of Information & cover the administrative office.
Broadcasting had not taken into account the Administrative
cadre. Motor Driver, Announcer, Group ‘D’, stenographer,
Instrumentalist etc. of Prasar Bharati in the file vide
No.310/ 173/97-B(fl of Ministry of Information &
Broadcasting at the time of considering the Prasar Bharati
Scale to certain cadre of Programme Staffs.
5. Furnish the specific Rules & Regulation of Government of The Govt. of India, Ministry of I& B has
India under which the Government of India had granted granted upgraded pay scales only to 11
two Pay Scale at a time in One incumbent as stated above. categories of staff comprising of Assistant
Engineers, Senior Engineering Assistant,
Engineering Assistant, Senior Technician,
Technician, Diesel Technician, Mast
Technician, Diesel Engine Driver, Helper,
Programme Executive and Transmission
Executive of AIR and Doordarshan vide
letter No. 310/173/97-B(D) dated
25/02/1999.
6. Furnish the specific Rules of Government of India under The upgraded pay scales were granted not
which the Government of India can be forced by as a force but as per understanding
unrecognized Associations to acknowledge their Demand reached between the Govt. and Sanyukt
which is beyond the guiding principle of General Financial Sangharsh Samiti.
Rule of Government of India.
7. Provide the photo-copy of Rules & Regulation regarding This point pertains to BA(P) Section of
the service condition of officers of Prasar Bharati, which the Ministry.
might have framed and which has required to be ensured
by the Ministry of Information & Broadcasting
(Government of India) as stated above before granting
Prasar Bharati Scale by the Ministry of Information of
Broadcasting.
8. Provide the photo-copy of concurrent/ approval of Ministry Copy enclosed.
of Finance, which should have taken by the Ministry of
Information & Broadcasting(Government of India) prior
issuing the order vide No.310/173/97-V(B) dtd.25/02/1999
for granting of Prasar Bharati Scale to certain Cadre of
Engineering & Programme staffs of Prasar Bharati.
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA ordered the PIO to furnish information within 7 days.
Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO despite the order of FAA.
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Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Manoj Chowdhury representing Ms. Sharmila Chowhdury on video conference from
NIC-Itanagar Studio;
Respondent : Ms. Jayanti, Director & FAA on behalf of Mr. S. P. Bhattarcharya, CPIO & Under
Secretary;
The Appellant states that in the file notings provided to him with respect to query-3 he has been
informed that the proposal has been received from Prasar Bharti. The Appellant states he wants a copy of
the said proposal. The Appellant is directed to provide the page number of the file noting in which this is
claimed to have been mentioned and the PIO will provide an attested copy of the proposal within 15 days
of receipt of the page number from the Appellant. The appellant is also saying that a copy of the rule
authorizing the department to negotiate with non-recognize union should be provided. The PIO has stated
that there are no such rules mentioned on any of the records.
Decision:
The Appeal is allowed.
The PIO is directed to provide an attested copy of the proposal within 15 days of
receipt of the page number of filing noting from the Appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
26 September 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)
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