In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/900042
Date of Hearing : March 11, 2011
Date of Decision : March 11, 2011
Parties:
Applicant
Shri Manoj Pai
T15, Sunrise Park Tenements
P.O Bodakdev
Ahmedabad 380 054
The Applicant was present during the hearing.
Respondents
Prasar Bharati
O/o Chief Engineer (WZ)
AIR & TV, Doordarshan Bhawan
Worli
Mumbai 400 020
Represented by : Ms.Kalpana Gokhe, Dy. Director (Engg.)
NIC Studio, Mumbai
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/900042
ORDER
Background
1. The Applicant filed an RTI application dt.28.11.09 with the PIO, O/o CE(WZ), Mumbai. He stated in
his application that a class I Engineering Officer was deputed as an Inquiry Officer to look into certain
charges against staff members, officers of Doordarshan Kendra, Ahmedabad in 2008. In this context,
he sought the following information:
i) Copies of the inquiry report and the action taken
ii) Any additional information and details in this regard.
2. The PIO replied on 7.1.10 stating that it is not clear from the letter as to which inquiry the Applicant is
referring to. She added that the reports of the inquiries conducted in 2008 by the then Chief
Engineer which were confidential in nature had been submitted personally by the enquiry officer to
the disciplinary authority i.e. DG:Doordarshan vigilance section, Mandi House, New Delhi and added
that any information in respect of the enquiry and the action taken may be sought from the vigilance
section of DG:Doordarshan. She marked a copy of her letter to the Director General (Vigilance
Section). The Applicant, however, on not receiving any reply from the PIO Vigilance Section of
DG:Doordarshan filed a complaint dt.18.10.10 before CIC.
Decision
3. During the hearing, the Respondent reiterated that the then Chief Engineer Shri V.C.Jain, (who has
since retired) had, in 2008, conducted several enquiries and that it was not clear to her as to which
enquiry the Appellant was referring to. Be that as it may, neither the original enquiry reports not any
copies are available with her since the original reports had been handed over personally to the
concerned officer in the Vigilance Section of DG:Doordarshan by Mr. Jain himself. The Respondent
also added that she is unaware of the persons against whom the enquiries had been conducted. The
Appellant at this stage submitted that enquiry was against a stenographer in the news division of
Doordarshan. He also pointed out that the reply of the PIO had been sent to him by ordinary post in
violation of the orders given by the Secretary, Information & Broadcasting who had directed Prasar
Bharati to ensure that all RTI replies are dispatched either by Registered post or by speed post.
4. The Commission after hearing the submissions by both sides directs the PIO, Vigilance Section, DG:
Doordarshan to respond to the RTI application transferred to him by the PIO, Ms. Gokhe, Dy
Director(Engg) by 10.4.11. The PIO, Vigilance, Doordarshan, also to show cause as to why a
penalty of Rs.250/ per day (Maximum Rs.25000) should not be levied on him for not responding to
the RTI Application within the stipulated time period as given in the RTI Act. He may submit his
written response to the Commission by 10. 4.11. The PIOs in Prasar Bharati make take note of the
letter from the Secretary, I&B, to Prasar Bharati, as mentioned by the Appellant, and ensure that
henceforth all RTI matter are dispatched either by Registered post or by speed post, in compliance
with the Secretary’s instructions. The PIO, Mumbai is directed to forward copy of this order to the
PIO, Vigilance Section, DG:Doordarshn, New Delhi for action.
5. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Manoj Pai
T15, Sunrise Park Tenements
P.O Bodakdev
Ahmedabad 380 054
2. The Public Information Officer
Prasar Bharati
O/o Chief Engineer (WZ)
AIR & TV, Doordarshan Bhawan
Worli
Mumbai 400 020
3. Officer Incharge, NIC