Central Information Commission
CIC/OK/A/2008/1019/AD
Dated December 4, 2008
Name of the Appellant : Mr.Ravindra Parmar
6, Arihant Flat
Near Mithakali 6 Roads
Derasar Road
Navrangpura
Ahmedabad 380 009
Name of Public Authority : The CPIO
All India Radio
Ahmedabad 380 009
Background
1. The RTI request was filed on 10.1.08. The Appellant requested for
permission for inspection of records related to sponsored programmes
in CBS & Primary Libraries. The CPIO replied on 23.5.08 denying
disclosure of information under Sec.8(1) (h) ‘Information which would
impede the process of investigation or apprehension or prosecution of
offenders’. Not satisfied with the reply received, the Appellant filed his
first appeal on 24.5.08 reiterating his request for information. The
Appellate Authority replied on 7.7.08 stating that RTI Act does not cast
on the Public Authority any obligation to answer queries as in this
case, in which a petitioner attempts to elicit answers to his questions
such as Why, When, What, Whether etc. The Appellant filed his
second appeal before the CIC on 11.7.08.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for December 4, 2008.
3. Mr.Bhagirath Pandya, Station Director & CPIO along with Mr.M.J.Peter
and Mr.T.V.Pradeep represented the Public Authority.
4. The Appellant Mr.Ravindra Parmar was present in person along with
Ms.Jayashri Parmar during the hearing.
Decision
5. The Commission noted with concern the serious allegations made by
Mr. Pandya, CPIO in his Memorandum dated 5 November, 2008
against the Appellant when he stated that the Appellant is seen
misusing the provisions of the RTI Act when he put in a number of RTI
applications and warns the CPIO to desist making such statements in
future since every citizen has a right to information under the control
of Public Authorities, as per provisions of the RTI Act.
6 The Respondents submitted that CDs may be missing for various
reasons and that they will search for the CDs which the Appellant is
seeking. The Appellant submitted that he had identified a number of
CDs which had been handed over to the CBI and that copies of these
CDs are available in the library and requested that copies be made of
these copies. He offered to provide the blank CDs.
7 The Commission directs the CPIO to allow the Appellant inspect the
CD library and to provide copies of the selected CDs after collecting
the prescribed amount of fees. In the event of non-traceability of
CDs, the CPIO to give a letter to the Appellant stating why they are
missing, who has taken the CDs and whether they were authorized to
take the CDs or not. The CDs to be provided within 15 days of receipt
of this Order.
8 The Commission directs CPIO to show cause as to how the section
8(1)(h) is applicable to the queries raised by the Appellant. The CPIO
to send a reply to the Commission within a week of the receipt of this
Order.
9 The Commission also directs the CPIO to show cause as to why a
penalty of Rs.24,000/- @Rs.250/- per day (for 96 days – 15.2.08 to
22.5.08) not be levied on him for the delay in providing the
information beyond the mandatory period.
10 The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.Ravindra Parmar
6, Arihant Flat
Near Mithakali 6 Roads
Derasar Road
Navrangpura
Ahmedabad 380 009
2. The CPIO
All India Radio
Ahmedabad 380 009
3. The Appellate Authority - RTI
All India Radio
Back Bay Reclamation
Church Gate
Mumbai 400 020
4. Officer incharge, NIC
5. Press E Group, CIC