Central Information Commission
Mrs. Kasturi Pattnaik vs Sangeet Natak Akademi on 6 February, 2009
CENTRAL INFORMATION COMMISSION
CIC/AD/C/2009/000051
February 6th , 2009
Name of the Appellant: Mrs. Kasturi Pattnaik
Public Authority: Dy. Secretary & CPIO
Sangeet Natak Akademi
Background of the case
1. The Appellant herein filed a complaint for non-compliance before the CIC on 22.08.2008. The allegation of the appellant was based on the alleged violation of the provision of Section 4(1) (b) of the RTI Act 2005 by the Respondent Public Authority. The Appellant furthermore provided a tabular status report on the compliance of the provisions of the Section 4 (1) (b) in terms of the RTI Act 2005. The Appellant in the application for non- compliance have alleged that the Akademi despite being an autonomous organization has been intentionally and clearly flouting the provisions of the Section 4 (1) (b) of the RTI Act 2005.
2. The Commission vide its communication dated 27.01.2009 sent notice for hearing to the concerned CPIO, Sangeet Natak Akademi, Appellant and also the Appellate Authority, Joint Secretary, Ministry of Culture.
3. The Appellant had filed four separate RTI Applications in this issue and one complaint for non-compliance. Accordingly on the denial of information on all of them, four separate Appeals being Nos. CIC/PB/A/2008/01221, CIC/PB/A/2008/01222, CIC/PB/C/2008/972/AD & CIC/PB/A/2008/01354/AD had been filed before the CIC. The Respondent vide letter dated 02.01.2009 communicated to the CIC that since the CPIO, Akademi had met with an accident; adjournment was sought by the alongwith the request for clubbing the hearings of all the four appeals on a single day. Hence the Bench of Mrs. Annapurna Dixit, Information Commissioner, rescheduled the hearing on 6th February 2009 at 10.30 am.
4. Dr. A N Chakravarty, Consultant represented the Respondent Public Authority, since the concerned CPIO was reportedly on medical leave.
5. The Appellant, Mrs. Kasturi Pattnaik and Dr. Ajaya Kumar Mishra were present during the hearing.
DECISION
6. The submissions of the Respondent Akademi dated 05.02.2009, mentioned hereinabove clearly indicate the difference in opinion among the Ministry of Culture, Respondent Akademi, Appellant and the Planning Commission with respect to the assigning of such a research to an organization like SANKALP in view of the basic issue of integrity, capacity and competence of the Appellant NGO in question. In fact there has been strong observation from the Secretary, Ministry of Culture to the Planning Commission for withdrawal of the assignment as also for blacklisting of the NGO headed by the Appellant. Be that as it may, the said difference in opinions is out of the ambit of the instant appeals and the issue therein is not within the jurisdiction of the Commission, hence the said facts though noted are not dealt with while deciding these RTI cases.
7. The detailed arguments of both the parties and the documentary records produced before the Commission were considered and in view of the decisions passed in the earlier appeals it was agreed that the Respondent Public Authority shall furnish the information readily available with them. The Commission further directs the CPIO of the Akademi to ensure compliance of the provisions of the Section 4(1) (a), (b), (c), 4 (2) and 4 (3) of the RTI Act 2005 by putting up all the relevant and necessary information pertaining to the various activities, programmes, policies etc on their website. On these terms, the Appellant agreed to withdraw the appeal filed for non compliance. Hence the appeal is disposed on the above terms.
[ANNAPURNA DIXIT] Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mrs. Kasturi Pattnaik B-1/8, 2nd Floor, Africa Avenue Road, Safdarjung Enclave, New Delhi - 110 029
2. Dy. Secretary & CPIO Sangeet Natak Akademi National Academy of Music, Dance & Drama Rabindra Bhavan, Feroze Shah Road, New Delhi - 110 001
3. Jt. Secy. & First Appellate Authority Ministry of Culture 334 (A), 'C' Wing Shastri Bhawan, New Delhi - 110 001.
4. Officer in charge, NIC
5. Press E Group, CIC