Central Information Commission
CIC/AD/A/2009/001426
Dated November 11, 2009
Name of the Applicant : Shri Chander Bhan Dhindhoria
Name of the Public Authority : AIR, Rohtak
Background
1. The Applicant filed an RTI application dt.dt.9.7.09 with the PIO, AIR, Rohtak
requesting for information against 9 points with regard to T.P/Leave,
Transmission duty, Audit requirements, A.P.M.O.P, duty assignment of D.O,
different programmes, transfer orders, Budget, conditions of contract &
different matters related to AIR, Rohtak. The PIO replied on 4.8.09 furnishing
point wise information and also requested the Applicant to deposit Rs.2/- per
page if he requires additional information in the form of phtocopies. The
Applicant wrote to the PIO on 7.8.09 commenting on the replies provided by
the PIO against points 2, 3, 4, 5, 6, 7, 8 and 9 while paying the additional
fee. The PIO once again replied on 17.8.09 furnishing additional
clarifications. Still not satisfied with the reply, the Applicant filed an appeal
dt.18.8.09 with the Appellate Authority stating that information provided by
PIO vide letter dt.17.8.09 is not correct and is incomplete. The Appellate
Authority replied on 3.9.09 stating that PIO, AIR, Rohtak has provided the
available information on the basis of available records and the answer to
various questions as to why and reason for every administrative action does
not come within the scope of section 2(f) of RTI Act, 2005. She also advised
CPIO to provide the copies of documents sought by the Applicant within
prescribed time on receipt of the payment as per provision under the RTI Act.
Being aggrieved with this reply, the Applicant filed a second appeal dt.5.10.09
before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for November 11, 2009.
3. Shri S.R.Saini, CPIO, Ms.T.Dolker, Appellate Authority, shri R.S.Kajle,
Programme Executive and Shri Ram Phal Chahal, Programme Executive
represented the Public Authority.
4. The Applicant was heard through audio.
Decision
5. The Respondent submitted that information against point 3 relates to Auditor
General’s Office, Chandigarh and that the RTI application was transferred on
31.7.09 and subsequently reminders were issued on 26.8.09 and 6.11.09 and
according to them no information has been received by them till date. The
Applicant, who was heard through telephone, submitted that he is seeking
information with regard to the amount surrendered by AIR, Rohtak.
Ms.T.Dolker clarified that the funds were released during the last week of the
financial year and that at a meeting held by the Programme Heads it was
decided that it is not possible to conduct new programmes within such a
short period and hence the unexpended funds were returned. When the
Commission queried as to whether there was any file noting or minutes to
substantiate their statement, Ms.Dolkar responded that it was just an internal
meeting and there are no file notings or minutes .
6. After listening to the submissions of both sides, the Commission directs the
PIO to provide an affidavit to the Appellant giving the procedure adopted by
the Public Authority with regard to refund of funds and stating that no
minutes in this regard are available. The required information from the
Auditor General’s office also to be provided to the Appellant by the PIO .
7. All information to be provided to the Appellant by 10.12.09. The Appellant is
directed to submit a compliance report by 20.12.09.
8. The appeal is disposed of with above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri Chander Bhan Dhindhoria
1159A, Housing Board Colony
Sector-15A
Hisar 125 001
2. The CPIO
O/o Accountant General, Haryana
Plot No.4 & 5, Sector – 33B
Dakshin Marg
Chandigarh 160 020
3. The CPIO
All India Radio
Rohtak 124 001
4. The Appellate Authority &
DDG (I/C) – NR-I & II
All India Radio
New Delhi
5. Officer incharge, NIC
6. Press E Group, CIC