Mr.Chandrabhan Dhindhoria vs Ministry Of Information And … on 28 October, 2011

                     CENTRAL INFORMATION COMMISSION
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                        Old JNU Campus, New Delhi - 110067.
                                Tel: +91-11-26161796

                                             Decision No. CIC/AD/C/2011/000789/SG/15362
                                                    Appeal No. CIC/AD/C/2011/000789/SG

     Appellent                                    :        Mr. Chander Bhan Dhindhoria
                                                           C/o Dean, College of Agriculture,
                                                           CCS, H.A.U, Hisar, Haryana-125004

     Respondents                                  :        Central Public Information Officer
                                                           Deputy Director Admn.,
                                                           Directorate General,
                                                           All India Radio (Prasar Bharti),
                                                           Akashwani Bhawan, New Delhi

     RTI application date                         :        04/10/2010
     PIO replied                                  :        20/10/2010 (copy not enclosed)
     First Appeal filed on                        :        15/11/2010
     First Appellate Authority order              :        09/12/2010 & 16/12/2010
     Second Appeal filed on                       :        05/04/2011
     Hearing held on                              :        28/10/2011

     The Complainant had sought information on 11 points out of which the following points
     form the basis of the present appeal.

Q. Information Sought                                      CPIO Reply
No
10.   As per Directorate Memo No.1 (2)194-SCT/3         Respondent's reply vide letter dated
    dated 05/10/1994, the station Director, All India,  04/03/2011:
    Rohtak was directed by D.G that no post of          The information sought on point 10 & 11
    Technician may be filled up through advertisement   relates to file no. 1(2)/94-SCT/3 which
    till a representation submitted by an officer       pertains to SC/ST cell. The CPIO, SC/ST
    namely Shri. Jai Bhagwan, helper (presently         Cell was requested to provide the required
    working at your station) may be settled or decision information to you directly. The SC/ST cell
    be taken. Kindly arrange to supply a decision       vide letter dated 01/12/2010 intimated that
    taken on his representation. All documents i.e.     the concerned file is not available. Since the
    Directorate's letter, representation, noting, actionfile is not available it is not possible to
    taken by the SD including taken.                    either provide information or facilitate an
                                                        inspection.
11. Date of finalization of the case as per contents of Same as above
    point 10.

     Grounds for First Appeal:
     The Appellant was not satisfied with the reply to query number 1, 2, 3, 5, 6 and 9. Further
     no information was provided with respect to query number 10 and 11 of the RTI
     application.
 First Appellate Authority order:
Order dated 09/12/2010 passed by Appellate Authority/DDG-NR-I&II- the FAA
observed that the CPIO has provided the available information on all the points, however
if the Appellant feels that some information has been kept from him then he can fix a date
and time with CPIO, AIR Rohtak and examine the documents in person. Further the
CPIO was directed to allow the Appellant to inspect the records and provide the certified
copies of the documents, as required by him only after he has made payments as required
under law. Further the CPIO (S-IV A Section), DG AIR was requested to provide
information with respect to query number 10 and 11 of the RTI application

Order dated 16/12/2010 passed by Appellate Authority/ Director (Admn.)- The FAA
ordered that the CPIO may provide the available information to the Appellant. The
Appellant was also allowed inspection of records at a date and time to be fixed with the
CPIO.

Grounds for Second Appeal:
The Appellant has contended that even after the FAA order no information was provided
and the concerned CPIO vide letter dated 24/12/2010 invited him to fix a date for
inspection. However the Appellant contends that without receiving complete information
doing an inspection would not have been fruitful and that inspection is not at all required.

The Appellant had filed an appeal earlier as well on this matter vide his letter dated
04/01/2011 on which proceedings are awaited. In the present appeal also he is seeking
information on point 10 and 11 of his RTI application.

Relevant Facts

emerging during Hearing:

The following were present
Appellant: Absent at NIC Studio Hisar.
Respondent: Smt. Swatantra Sharma, Section Officer along with Mrs. Deonisia Ekka,
Assistant.

The Respondent states that all the information available on record has been provided top
the Appellant.

Decision:

The Appeal is disposed.

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
28 October 2011

(In any correspondence on this decision, mention the complete decision number.)(RJ)