In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2009/001238
Date of Hearing : July 7, 2011
Date of Decision : July 7, 2011
Parties:
Applicant
Shri Bal Krishan Sharma
H.No.173 - A
Surya Nagar
Tarron Ki Koot
Tonk Road
Jaipur - 302011
Applicant was not present.
Respondent(s)
Prasar Bharati
O/o the Station Director
All India Radio
Jaipur.
Represented by : Shri Atul Gupta, AIR, Jaipur
Shri Ram Avatar Meena
Shri Gokul Goswami, Asst.Station Director
Shri Ram Karan Meena
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2009/001238
Adjunct to the captioned CIC Order dated 1.10.2009.
ORDER
Background
1. The decision in the abovementioned Order is as given below:
The Respondent submitted that the RTI request (without any date) was received in the office of the
CPIO on 28.7.08. On 26.8.08, within one month of receipt of the RTI request, after assessing the
volume of information to be provided to the Appellant, the CPIO requested for Rs 28/ to be
deposited for the information. The Appellant stated that he has not received the information
provided by the Respondent dated 26.8.08 asking him to furnish Rs 28/ towards photocopying
charges and tht the information should be provided to him free of cost. The Commission accordingly
directs the CPIO to provide proof of dispatch of reply on 26.8.08 including copy of the relevant page
of dispatch register, and any other document in this connection, falling which information to be
provided free of cost and the CPIO to showcause why penalty should not be imposed on him for the
th
delay in furnishing the information. The show cause explanation to reach the Commission by 5November, 2009. The Appellant, on receipt of proof received by him, to deposit Rs 28/ (as
assessed/informed by the CPIO within one month of receipt of the RTI Application) and the CPIO to
th
furnish the information before 5 November, 2009.
2. The Commission received a letter dated 17.11.09 from the Appellant complaining that there are
some discrepancies with regard to the information provided regarding dispatch of reply to the RTI
Application and seeking a rehearing. The Commission therefore decided to hold a second hearing
on the matter and accordingly issued notices to the concerned parties on 13.6.2011 directing them to
be present in the Commission for a hearing to be held on 7.7.2011.
Decision
3. During the hearing the Respondent maintained his position that the additional fee was requested
from the Appellant on 26.8.08 and that the Appellant had paid Rs 28/ only on 3.11.2010 after which
the information was provided on 4.11.2010. The Commission accordingly directs the PIO to submit
an affidavit in this regard to the Commission with a copy to the Appellant affirming the fact that
information as available in the records has been provided to the Appellant . The complete
information as given by the PIO may be included in the Affidavit. The Affidavit to be provided by 10
August, 2011.
4. In view of the delay in furnishing of information, the PIO to return Rs 28/ which has been collected as
photocopying charges, to the Appellant. The PIO also to furnish an Affidavit to the Commission with
a copy to the Applicant affirming the fact.
5. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc
1. Shri Bal Krishan Sharma
H.No.173 – A
Surya Nagar
Tarron Ki Koot
Tonk Road
Jaipur – 302011
2. The Public Information Officer
Prasar Bharat
O/o the Station Director
All India Radio
Jaipur.
3. The Appellate Authority
Prasar Bharati
O/o the Deputy Director General (WR)
AIR, Broadcasting House
Backbay Reclaim
Mumbai - 400 020.
4. Officer incharge NIC.
In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTI Act, giving
(1) copy of RTI application, (2) copy of PIO’s reply, (3) copy of the decision of the first Appellant Authority, (4) copy
of the Commission’s decision, and (5) any other documents which he/she considers to be necessary for deciding
the complaint. In the prayer, the Appellant/Complainant may indicate, what information has not been provided.