In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000833
Date of Hearing : May 30, 2011
Date of Decision : May 30, 2011
Parties:
Applicant
Dr. Shashi Prabha Kailash
Deputy Director (AR)
Room No.202, 2nd Floor
All India Radio
Akashwani Bhawan
New Delhi 110 001
The Applicant was present during the hearing at the Commission
Respondents
O/o the Director
DG: AIR
Audio Research Unit
Sansad Marg
New Delhi
Represented by : Shri K.K.Sundaram, CPIO & Director(AR)
Shri S.R.Pandey, Consultant
Shri L.S.Bajpai, CPIO, AIR, New Delhi
Shri Masood Javed, Sr.A.O, AIR, New Delhi
Shri Sunil Kumar, UDC, AIR, New Delhi
Shri Jahan Singh, HC, AIR, New Delhi
The Respondents were present at the Commission for the hearing
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000833
ORDER
Background
1. The Applicant filed an RTI Application dt.10.11.10 with the CPIO, DG:AIR seeking information against
14 points including File notings from which transfer order dt.4.11.10 have been issued,
Copies of representations received (if any) based on which her transfer has been ordered
vide above order, reason for taking out her transfer order and action taken on the circulation of
pamphlet by Shri Arvind Dhanvick on 5.4.04. Shri R.C.Singh, CPIO replied on 3.12.10 furnishing
point wise information. The Applicant filed an appeal dt.15.12.10 with the Appellate Authority
complaining that inspite of depositing Rs.6/, copies of notings have not been provided and that
information against point No.5, is incorrect. She also stated that no reply has been received against
points 6, 7, 8, 12 and 13 and that despite visiting the section several times, nobody was available to
allow inspection of the Directorate’s file.
2. Shri L.S.Bajpai, CPIO replied on 6.1.11. With regard to points 6, 7 and 8, he stated that action has
been taken (Memo issued) and with regard to points 12 and 13, that the case has been sent to the
Competent Authority for enquiry. The Applicant then filed another appeal dt.20.1.11 with the
Appellate Authority stating that with regard to points 6, 7, 12 and 13 reply is not satisfactory since the
copies of action taken reports have not been provided. Ms.T.Dolkar, Appellate Authority forwarded
the appeal to the concerned Appellate Authority against point 5. With regard to points 6, 7, 8, 12 and
13, she directed the CPIO, AIR, Delhi to reexamine the points and provide the copies of action taken
report on receipt of payment of additional charges as per RTI rules. Being aggrieved with the reply,
the Applicant filed a second appeal dt.22.2.11 before CIC.
Decision
3. During the hearing, the Respondents handed over to the Appellant in the presence of the
undersigned, the action taken reports and copies of memos sought by the Appellant against points
6, 7, 8, 12 and 13.
4. With regard to points 2 and 5, the Appellant submitted that the information provided is incorrect since
she is aware of the fact that the representation from SC/ST association has been received by
DG:AIR. She produced documentary evidence to this effect before the Commission. The
Respondents submitted that they are from the Audience Research Unit and that the representations
have not been received by them from DG:AIR and that the Appellant has already been informed
about this.
5. The Commission after hearing the submissions of both sides is of the view that the PIO DG:AIR
should be given an opportunity to present his point of view before the Commission while giving
reasons as to why a penalty should not be imposed upon him for not replying in time to the RTI
application.
6. The case is therefore adjourned till 7th July 2011 , 10.30 am when another hearing will be held in the
chamber of the Information Commissioner, Mrs. Annapurna Dixit on the matter. The PIO, DG:AIR to
be present along with the information and also with the explanation in response to the show cause
notice.
7. The PIO ARU is directed to forward a copy of this Order to CPIO, DG:AIR .
8. The hearing is adjourned.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Dr. Shashi Prabha kailash
Deputy Director (AR)
Room No.202, 2nd Floor
All India Radio
Akashwani Bhawan
New Delhi 110 001
2. The Public Information Officer
O/o the Director
DG: AIR
Audio Research Unit
Sansad Marg
New Delhi
3. The Appellate Authority
O/o the Director
DG: AIR
Audio Research Unit
Sansad Marg
New Delhi
4. Officer in charge, NIC