Central Information Commission Judgements

Mr.Rajinder Singh vs Ministry Of Information And … on 12 September, 2011

Central Information Commission
Mr.Rajinder Singh vs Ministry Of Information And … on 12 September, 2011
                       CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26161796
                                                     Decision No. CIC/AD/A/2011/001442/SG/14543
                                                             Appeal No. CIC/AD/A/2011/001442/SG
Relevant facts emerging from the Appeal:

Appellant                            :      Mr.Rajinder Singh
                                            D-3/5, AIR & Doordarshan Colony,
                                            Seminary hills- 440006, Nagpur

Respondent                           :      Mr. Jagdish Bhagat
                                            PIO & SSW-II
                                            Civil construction wing,
                                            All India Radio, 5th floor,
                                            Soochna Bhawan, CGO Complex
                                            New Delhi - 110003

RTI application filed on             :      10/01/2011
PIO replied on                       :      17/01/2011 -08/02/2011
First Appeal filed on                :      28/03/2011
First Appellate Authority order on   :      Not received
Second Appeal received on            :      26/05/2011

 Sl.                    Query                                          Reply of PIO
1.     Please provide the information whether    Concerned PIO 1. replied that the S IV (B) deals
       the Btech degree electrical engineering   with Assistant Engineer cadre prepares their
       through distance learning awarded by '    eligibility list for promotion to the post of assistant
       Janardan     Rai    Nagar     Rajasthan   station have obtained their engineering degree from
       Vidyapeeth deemed university Udaipur      Janardan Rai Nagar Rajasthan Vidyapeeth deemed
       - 313001' is approved by Prasar Bharati   university Udaipur are not a part of eligibility list.
       including CCTV unit for the matter of     Concerned PIO 2 replied that Prasar Bharti does not
       promotion to higher post or not.          approve any degree, the recognition of the degree is
                                                 as per Government of India norms.
2.     Please provide in case it is approved
       then a copy of approval many be kindly
       provided to us.

Grounds for the First Appeal:
Reply of the PIO was dissatisfactory, incorrect and totally contradicting from CPIO, DG AIR office.

Order of the First Appellate Authority (FAA):
No response

Ground of the Second Appeal:
Information furnished by the PIO was incorrect, unsatisfactory and totally contradicting from CPIO,
DG AIR office.

Relevant Facts

emerging during Hearing:

The following were present
Appellant: Absent;

Respondent: Mr. Jagdish Bhagat, PIO & SSW-II and Mr. Avinash Gupta, Engineering officer on
behalf of First Appellate Authority Mr. M. A. Qureshi.
The Respondent has given a written submission in which he has stated that the recruitment
rules of IBES Cadre has defined degree in Engineering in a particular manner, based on which the PIO
has given the information. On the other hand he has stated that the recruitment rules for promotion to
the Grade of EE(E) as applicable in CCW(AIR) do not define the term degree. In view of this the reply
of CPIO, CCW, AIR was different from the reply given by the CPIO, DG, AIR. The explanation
given by the PIO appears to be reasonable. The Commission would however hope that some attempt is
made to rationalize these different definitions.

Decision:

The appeal is disposed.

The information available on the records has been provided.
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
12 September 2011
(In any correspondence on this decision, mentioned the complete decision number.)(RJ)