Central Information Commission Judgements

Mr. V. Vijayakrishnan vs All India Radio, Chennai on 24 August, 2009

Central Information Commission
Mr. V. Vijayakrishnan vs All India Radio, Chennai on 24 August, 2009
             Central Information Commission
                                                             CIC/AD/A/2009/000790
                                                              Dated 24th August, 2009

Name of the Applicant                   :   Mr. V. VIJAYAKRISHNAN


Name of the Public Authority            :   ALL INDIA RADIO, Chennai

Background

1. The Applicant filed his RTI application dated 15.12.09 with CPIO/ Station
Master, CBS, ALL INDIA RADIO seeking information about details of all
recommendations of transfer made by the former station Director of CBS,
AIR, Chennai, Smt. Vijayalakshami Sundararajan till her retirement and other
connected papers indicating name, designation & grounds for the transfer of
the employee, whether the transfer recommendation was accepted etc. The
Applicant further sought inspection of all records signed by Smt.
Sundararajan herself and all communication sent by her under her own
signature to fellow station directors and all her superiors. The CPIO replied
vide his letter dated 07.01.09 and furnished information against queries
number 1(a), (b), (d). With respect to the queries about grounds on which
transfer was recommended and for the remaining queries, information against
some were provided. However, some information were not provided on the
ground that the same were not available in the file.

2. Being agreived by the CPIO’s reply the Applicant preferred a First Appeal on
07.02.09. In his First Appeal the Applicant complaining about the CPIO
providing unnecessary and unwarranted information while ignoring the
relevant information about all the recommendations of transfer made by the
former Station Director.

3. The Appellate Authority vide his order dated 23.02.09 allowed the appeal and
directed the CPIO to provide all available information and also to allow
inspection of all records as desired by the Appellant within 10 days from date
of receipt of the order.

4. The Appellant herein inspected 25 files on 3.3.09 as per the order of the
Appellate Authority. However, vide letter dated 14.03.09 the Appellant
apprised the AA that the relevant files containing the information sought by
him about the specific transfer recommendation were not provided to him
during the inspection. On not receiving any relief in the form of the
information sought from the Public Authority, the Appellant filed a Second
Appeal before the CIC on 28.05.09.

5. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on 24th August, 2009.

6. Mr. R Bala Subramanian, CPIO and Shri K. Arumugam, Head Cleark AIR, CBS
were present during the hearing.

7. The Applicant, Shri V. Vijaykrishanan was heard through Audio Conference.
Decision

8. The Respondent submitted that Mrs. Vijay Laxmi Sundar Rajan retired in
30.09.97 and after her retirement, files were sent to record room. Some of
these files have been weeded out and others were destroyed by water while
extinguishing a fire which broke out on 19.09.05. He stated that whatever
records were available in the files, have been provided to the Appellant. The
Respondent further stated that the Appellant had sough additional information
at the Appeal stage regarding 6 employees and that the First Appeal was
directly to the Appellate Authority without endorsing a copy to CPIO. He
invited the attention of the Commission to Para 5 of his order in which he
directed the CPIO to allow inspection of records within 10 days from receipt of
his order. According to the Respondent, the Appellate Authority’s Order had
been complied with and the Appellant was allowed to inspect 23 files and
provided with certified copies of the documents.

9. The Appellant who was heard over the telephone stated that he is satisfied
with the information he received.

10. The appeal is accordingly disposed of.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar
Cc:

1. Mr. V. Vijayakrishanan
008, Transit Hostel,
New CPWD Quarters,
Besant Nagar,
Tamil Nadu

2. The CPIO
The Station Director, CBS,
ALL INDIA RADIO,
Chennai

3. The Appellate Authority
Mr. G Jayalal,
ALL INDIA RADIO
Chennai

4. Officer in charge, NIC

5. Press E Group, CIC