Central Information Commission
*****
No.CIC/OK/A/2008/00323
Dated: 31 July 2008
Name of the Appellant : Shri Sri Lal Gupta
M/s Ganesh Construction Co.
G-3, Kailash Tower, Sanjay Place, Agra
Name of the Public Authority : Prasar Bharati
Background:
Shri Sri Lal Gupta of Agra filed an RTI-application with the Public
Information Officer, Prasar Bharati, on 21 September 2007, seeking information
relating to the action taken by the Department on his three representations to
the Department.
2. The PIO vide his letter dated 1 November 2007 replied to his RTI-
application. Not satisfied with the reply of the PIO, the Appellant filed an
appeal with the first Appellate Authority on 22 November 2007 who vide his
letter dated 20 December 2007 replied to his First Appeal. Thereafter, the
Appellant approached the Central Information Commission with a Second Appeal
on 29 December 2007.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 30 July 2008.
4. Shri Jagdish Bhagat, SE(C) & PIO, Shri A.K. Sinha, EO-I to CE and Shri
Rajesh Kr. Sharma, SW(C), represented the Respondents.
5. The Appellant, Shri Sri Lal Gupta, was present alongwith Shri Amar Chand
Agarwal.
Decision:
6. The Commission heard both the sides and noted that the case revolved
around certain payments for civil works taken up by the Appellant for the
Respondents. According to the Respondents, the case was in the Court and they
were awaiting the Court orders regarding each of these payments. During the
hearing, the Appellant continued to insist that these payments were not a
matter of dispute before the Court. However, from the documents presented to
the Commission, it was obvious from an application filed before the Court at
Alwar (vide point no. 3 on page 2), the Appellant had clearly stated that he was
entitled to Rs.86,576/- which included the three payments of Rs.20,110/-,
Rs.13,345/-, Rs.18,206/- and Rs.17,261/-, which are included in the total
payment. However, considering the fact, that according to him, the amounts
are due to the Appellant, the Commission in the interest of transparency directs
the Respondents to open up the files regarding these payments to the Appellant.
This may be done by 5 September 2008 for which both the parties may fix up a
time mutually convenient. The Appellant will be entitled to get photocopies of
the documents that he desires subject to a limit of 25 pages free of cost beyond
which he can get the photocopies after paying the fee prescribed in the RTI-Act.
7. The compliance of the Order may be communicated to the Commission
either in person or by phone (No. 26185088) on 12 September 2008 at 2.30 p.m.
8. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri Sri Lal Gupta, M/s Ganesh Construction Co., G-3, Kailash Tower, Sanjay
Place, Agra
2. The Public Information Officer, Prasar Bharati, Civil Construction Wing: AIR,
Soochna Bhawan, CGO Complex, New Delhi
3. The Appellate Authority, Prasar Bharati, Civil Construction Wing: AIR,
Soochna Bhawan, CGO Complex, New Delhi
4. Officer Incharge, NIC
5. Press E Group, CIC