Central Information Commission
CIC/AD/C/2009/001004
Dated January 19, 2010
Name of the Applicant : Shri N.K. Mohan Ram
Name of the Public Authority : DG: Doordarshan
Background
1. The applicant filed an RTI application dt.24.8.09 with the APIO, DG: Doordarshan requesting for
the following information:
i) Copy of the full report of the preliminary enquiry in the case of atrocity filed by Shri B.
Kempaiah, Executive Producer, DDK, Bangalore against the applicant submitted by Shri
V.K.Agarwal, CE(I/C), DDK, New Delhi
ii) All the notings, correspondence and ATR further to the submission of the above referred
preliminary enquiry report.
On not receiving any reply, he filed an appeal dt.30.9.09 with the CPIO, DG: Doordarshan and
being aggrieved at not receiving any reply from the Appellate Authority, he filed another appeal
dt.17.10.09 before the Appellate Authority. On still not receiving any reply, he filed a complaint dt.
1.11.09 before the CIC. The CIC vide its order dt.26.11.09 directed the PIO to provide
information to the Complainant by 29.12.09 and directed him to show cause in writing for the
delay by 15.1.10.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on
January 19, 2010.
3. Respondents were not present during the hearing.
4. The applicant was present during the hearing.
Decision
5. The Complainant submitted that partial information was provided on 9.12.09 and he had written to
the CPIO on 19.12.09 seeking further clarification which was duly replied to on 30.12.09. Not
satisfied, he had replied to the CPIO on 13.1.10 and that there has been no response till then.
He further added that he is seeking the letter by which DG: DD wrote to the National Commission
of SC/ST and Ministry of Information & Broadcasting acquitting him (the Complainant) of all
charges. The Complainant alleged that documents provided to him have not been certified
because of which he was put into great difficulty while filing a petition before the CAT. The
Complainant also stated that letters are being sent under RTI by Suneetha Bharal, DDA without
indicating whether she is CPIO or the deemed PIO.
6. In view of the fact that Complainant is seeking various correspondences and letters which can be
easily identified by him if he is allowed to inspect the files, the Commission directs the PIO to
allow inspection of relevant files by the Complainant on a mutually convenient date and time and
to provide him with certified copies of documents he requires, free of cost. The Commission also
directs the PIO to attest each page of information already supplied to the Complainant when he
visits the PIO’s office for inspection. The information may be provided by 31.01.2010 and the
Complainant may submit a compliance report to the Commission by 07.02.2010.
7. The Commission further noted that information was provided only on 9.12.09 against the RTI
application dated 24.08.09. Since the RTI application was made to APIO, the reply should have
been given by 28.09.09, therefore, there is a delay of 71 days in providing information [28.09.09
to 09.12.09, exclusive of both dates). No explanation has been provided to the order dtd
26.11.2009 wherein the CPIO was directed to send her explanation in writing to the Commission
by 15th January 2010, to the Show Cause as to why a penalty of Rs. 25,000/ may not be levied
for delay in supply of information. Moreover, the PIO failed to appear before the Commission
today (i.e. 19.01.2010) despite clear direction of the CIC. The Respondent has waived of the fair
opportunity to explain in writing by 15th January 2010 and also to appear before the Commission
on 19.01.2010 thereby indicating that she has nothing to say in the matter.
8. Accordingly, Ms. Suneetha Bharal, DDA, DG:Doordarshan is directed to pay a sum of
Rs.17,750/[Rs. 250/ x 71] in 5 equal monthly installments @ Rs.3550/ per month.
9. The Appellate Authority is directed to recover the amount of Rs.17,750/ from the salary payable
to Ms. Suneetha Bharal, DDA, DG:Doordarshan by way of Demand Draft drawn in favour of ‘PAO
CAT’ in 5 equal monthly instalments. The first installment should reach the Commission by 10th
March 2010 and the last installment should reach by 10th July 2010. The Demand Draft should
be addressed to Shri G. Subramanian, Under Secretary & Deputy Registrar, Central
Information Commission, Club Building, Old JNU Campus, New Delhi 110 067.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri N.K.Mohan Ram
GF8, ‘Atria Villa’
Palace Guttahalli Main Road
Malleshwaram
Bangalore 560 003
2. Ms.Suneetha Bharal
Deputy Director (A)
DG:Doordarshan
Copernicus Marg
New Delhi
3. The Appellate Authority
DG:Doordarshan
Copernicus Marg
New Delhi
4. The Director General
Doordarshan
Mandi House
New Delhi
5. Officer incharge, NIC
6. Press E Group, CIC