Mr. Hari Har Pandey vs Prasar Bharati, Kolkatta on 8 March, 2010

             Central Information Commission
                                                                   CIC/AD/A/2010/000048
                                                                      Dated 8th March, 2010

Name of the Applicant                       :   MR. HARI HAR PANDEY


Name of the Public Authority                :   PRASAR BHARATI, KOLKATTA

Background

1.    The Applicant filed his RTI request on 01.07.09 with the Director General cum CPIO,
      All India Radio, New Delhi stating that an untoward incident had taken place at All
      India Radio Sambalpur on 13.05.09 when an innocent officer was compelled to rush to
      police station to lodge an FIR at the town thana, Sambalpur since his life was in
      danger.. The actual incident took place on 28.04.09 when the officer was on
      government duty and executing some important government work when two
      technicians had attacked the officer. The FIR was withdrawn by the Station Engineer
      with the suggestion to the offices that he settle the matter in the office. It was also
      learnt that the two technicians who had threatened the officer had earlier threatened
      two other senior officers but the Directorate had not taken any punitive action against
      the arrogant technicians. In this connection the Applicant sought information against 6
      points. The Dy. Director General (ER) replied on 07.08.09 providing point wise
      information to the Applicant and informing the Applicant that the investigation report
      has been submitted to DG:AIR. Being aggrieved with the reply, the Applicant filed his
      First Appeal on 15.09.09 once again requesting for information. The Appellate
      Authority in his order dated 14.10.09 informed the Applicant once again that the
      original report of the enquiry conducted by their office on the matter as mentioned by
      the Applicant in his appeal has been submitted to DG, AIR and as such they are not in
      a position to provide the copy of that report. He also stated that all the action that
      would follow on the basis of the report are to be decided by DG, AIR and that Kolkatta
      Office has not been made aware of any such action till now. With regard to points 3-6
      as the information sought also relates to the enquiry there is no information to be
      furnished. Still not satisfied with the reply, the Applicant filed his Second Appeal before
      the Commission seeking xerox copy of the original report of enquiry conducted by
      DDG (ER) AIR Kolkatta and by DE office of Chief Engineer, (EZ), AIR and Doordarshan,
      Kolkatta on 17.05.09 and 19.05.09 respectively. He also requested for xerox copies of
      file notings relating to the same case from Directorate General, AIR, New Delhi.
2.    The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
      hearing for 8th March, 2010.
 3.     Mr. H.K. Sinha, Chief Engineer cum PIO, Mr.P.K. Mitra, DDG cum Appellate Authority,
       Mr.Srikumar      Chakraborty,   Asst.   Station   Director,   Mr.R.K.   Dhall,   Dy.   Director
       represented the Public Authority.
4.     The Appellant was present during the hearing.
Decision
5.     The Commission received a rejoinder dated 24.02.10 from the Dy. Director General
       (ER) cum Appellate Authority reiterating that the enquiry report is presently at the
       disposal of the Directorate for consideration and further action as deemed necessary
       which can only be provided by the Competent authority i.e. Director General, Air, New
       Delhi and is not within the ambit of their office at Kolkatta. The Respondent also
       submitted that the information cannot be provided at this stage since the report is
       with the Directorate. He also requested the Appellant to write directly to the DG, AIR
       for the information. With regard to point 2 the Respondent stated that information
       sought also available in the     enquiry report and hence can not be furnished at this
       stage. In respect of points 3, 4, 5 and 6, information is not available on record as it
       relates to the follow up action based on the enquiry report which is with DG, AIR for
       consideration.
6.     The Commission noted that the RTI application was filed with the Director General,
       AIR, New Delhi which was then transferred to the Chief Engineer (EZ), and               to Dy.
       DG(ER),     both in Kolkatta    and that by the time the Appellant had           filed his First
       Appeal to the DG, AIR, New Delhi, the PIO in Kolkatta also transferred the RTI
       application back to DG:AIR. In this situation the Commission directs the PIO, DG:AIR
       Delhi to provide an attested copy of the report to the Appellant by 10 April, 2010
       after highlighting in it the answers pertaining to different queries in the RTI application
       .

7. The Commission also directs Ms. Noreen Naqvi, DG, All India Radio, Akashvani
Bhawan, New Delhi- 110001 to take a decision on the said enquiry report at the
earliest and to ensure that a copy of the report along with information about any
action taken is furnished to the Appellant

8. The appeal is accordingly disposed of.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Deputy Registrar
Cc:

1. Mr. Hari Har Pandey
Technicial & Unit Secy., UADEE
AIR Sambalpur
Sambalpur – 768 001.

2. The PIO
Prasar Bharati
O/o the Chief Engineer (EZ)
AIR & DD, Akashvani Bhavan
Kolkata – 700 001.

3. The Appellate Authority
Prasar Bharati
O/o the DDG (ER)
All India Radio
3rd Floor
Eden Gardens
Kolkata – 700 001.

4. Ms. Noreen Naqvi,
DG, All India Radio,
Akashvani Bhawan,
New Delhi- 110001.

5. Officer in charge, NIC

6. Press E Group, CIC