Central Information Commission
CIC/AD/A/2010/000800
Dated August 5, 2010
Name of the Applicant : Shri Arun Kumar
Name of the Public Authority : M/o Information & Broadcasting
Background
1. The Applicant filed an RTI application dt.2.2.10 with the Secretary, M/o Information and Broadcasting.
Shri S.P.Sharma, CPIO replied on 9.2.10. The information sought and the reply provided to are
given below:
S.No. Information sought Reply provided 1. Who conducts DPC of IB(E)S Min. of I&B
2. Who are the Cadre Controlling Authority in Min. of I&B except posting/transfers
respect of IB(E)S officers
3. Status of Prasar Bharati Officers Prasar Bharati employees are Central Govt.
employees on deemed deputation to Prasar
Bharati
4. Have these employees been absorbed by No, the employees have not so far been
Prasar Bharati absorbed in Prasar Bharati
5. Does Prasar Bharati get any annual aid/grant Does not concerned BA(E) Section
from the Central Govt.
6. Are these IB(E)S Officers working in Prasar Yes
Bharati governed by CCS Conduct Rules
7. Which office namely Min. of I&B or Prasar Both Min. of I&B and Prasar Bharati are
Bharati have the responsibility to ensure that responsible to ensure that IBES officers work
the IBES officers work under the CCS under CCS Conduct rules
Conduct Rules
8. Does the Min. of I&B know, that several IBES Broadcast Engineering Society has been
officers working in Prasar Bharati are involved formed by retired Engineering officers of AIR
in carrying out the commercial activities. Are & DD for updating the skills of engineering
these commercial activities permissible under officers. The BES organizes the expo on
CCS(Conduct) Rules annual basis. They are not getting any
remuneration/aid from Prasar Bharati or Min.
of I&B. BES invites employees of AIR/DDn for
participation in the event for updating their
skills about latest technological development
in field of Broadcasting. BES Expo is being
sponsored by Private companies.
Not satisfied with the reply, the Applicant filed an appeal dt.16.2.10 with the Appellate Authority
commenting on the reply provided against points 7 and 8. On not receiving any reply from the
Appellate Authority, he filed a second appeal dt.31.3.10 before CIC reiterating his request for the
information against points 7 and 8.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for August 5,
2010.
3. Shri S.P.Sharma, CPIO & Under Secretary, Shri V.K.Bhardwaj, Deputy Secretary and Appellate
Authority and Shri Raj Prakash, SO represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. During the hearing with regard to point 7, Shri V.K.Bhardwaj, Appellate Authority submitted that there
is no record of demarcation of responsibility between the Ministry and the Prasar Bharati to ensure
that IBES officers follow the CCS conduct rules and that both Ministry and Prasar Bharati are equally
responsible. Hence there is no further information available with regard to point 7. He, however,
added that normally in the case of minor issues Prasar Bharati takes the decisions whereas for major
issues such as major penalties, the Ministry is the responsible authority. With regard to point 8, the
Respondent added that BES is not in any way controlled either by the Ministry or by Prasar Bharati.
The Engineers who wish to be members of BES are only required to take the permission of the
Competent Authority.
6. The Commission while holding that complete information has been provided against point 7, however
directs the PIO to provide detailed clarification against point 8 to the Appellant. The information to
reach the Appellant by 5.9.10 and the Appellant may submit a compliance report to the Commission
by 12.9.10.
7. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Arun Kumar
President
RTI Club
H.No.331/13
Mohit Nagar
Dehradun 248 006
2. The PIO
M/o Information & Broadcasting
O/o Under Secretary, BAE Section
‘A’ Wing, Shastri Bhawan
New Delhi
3. The Appellate Authority
M/o Information & Broadcasting
O/o Deputy Secretary, BAE Section
‘A’ Wing, Shastri Bhawan
New Delhi
4. Officer incharge, NIC