Swati Bhatia vs Prasar Bharati Secretariat on 31 March, 2023

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Central Information Commission

Swati Bhatia vs Prasar Bharati Secretariat on 31 March, 2023

Bench: Saroj Punhani

                               के   ीय सूचना आयोग
                        Central Information Commission
                            बाबागंगनाथमाग , मुिनरका
                         Baba Gangnath Marg, Munirka
                          नई द ली, New Delhi - 110067


File No : CIC/PBSEC/A/2022/632664

SWATI BHATIA                                            ......अपीलकता /Appellant

                                      VERSUS
                                       बनाम
CPIO,
Prasar Bharti Sectt,
RTI Cell, Prasar Bharti
House, Copernicus Marg,
New Delhi-110001.                                     .... ितवादीगण /Respondent


Date of Hearing                   :   28/03/2023
Date of Decision                  :   28/03/2023

INFORMATION COMMISSIONER :            Saroj Punhani

Relevant facts emerging from appeal:

RTI application filed on          :   21/12/2021
CPIO replied on                   :   Not on record
First appeal filed on             :   16/02/2022
First Appellate Authority order   :   Not on record
2nd Appeal/Complaint dated        :   14/06/2022

Information sought

The Appellant filed an RTI application dated 21.12.2021 seeking the following information:

"Kindly provide the following information and certified copy of asked record. The details are:-

1. What action has been taken on my enclosed copy of representation/ grievance dated 01.7.2021 regarding release of due payment etc.?

2. When the legitimate payment of Rs 100000/- each due to Sh. Deep Bhatia and Ms. Swati Bhatia on accounts of their performed commentary of live telecast of shooting tournament of IISF (on DD Sports, CPC, DD) from 23.2.17 to 4.3.2017 will be released with accrued interest till realization date?

3. Provide me the names with designation online/ on spot panel producers of DD Sports, CPC duty for live telecast of IISF, International Shooting Federation tournament held at Dr. Kerni Shooting Range New Delhi from 23.02.2017 to 04.3.2017 their assigned order.

4. Kindly provide me the certified copy of the following record of DD Sports, CPC, Dd without having the physical order or authorisation inspection of applicant viz:-

I. contract-cum proposal issued in respect of Sh Deep Bhatia and Ms. Swati Bhatia for the said tournament.

II. Cue sheets for the period from 23.02.17 to 04.3.2017. III. Log Book of Transmission / telecast record for the period from 23.02.17 to 04.03.2017.

IV. Duty chart of transmission staff for the period from 23.02.17 to 04.3.2017.

V. Office copy of issued contract with payment vouchers for the period from 23.02.17 to 04.3.17 in respect of Sh. Deep Bhatia's and Ms. Swati Bhatia's performed commentary telecast live on DD Sports of IISF International Shooting Federation, tournament held at Dr. Kerni Shooting Range New Delhi for the said period, available with DD Sports office/ Accounts Section, CPC, DD.

VI. Office copy of Index card/ Booking record in respect of said booking dates of said commentators available with CBU, CPC, DD."

Having not received any response from the CPIO, the appellant filed a First Appeal dated 16.02.2022. FAA's order, if any, is not available on record.

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Present through audio conference.

Respondent: D P Singh, DDG & CPIO along with Vijay Anand, SO present in person.

The CPIO submitted that the available information running into 171 pages has been provided to the Appellant free of cost on 16.06.2022. He further submitted that the delay in providing the same was on account of collecting and collating the information from different Sections in the wake of the COVID pandemic as the information sought for was cumbersome.

The Appellant stated that she has received the said information but is dissatisfied with the fact that she required a certified hard copy of the contract referred in point no.4 (I) of the RTI Application. She further wanted to know about the interest amount payable on the payment referred at point no.2 of the RTI Application.

The CPIO agreed to provide the desired certified hard copy of the contract but with respect to the interest amount, he expressed his inability to tender any comments.

Decision:

The Commission based on a perusal of the facts on record finds no malafides in the delay caused by the CPIO in providing the copies of the information and therefore condones the delay.

Now, in view of the limited relief sought for by the Appellant at this stage, the CPIO is directed to send a certified copy of the relevant contract referred to in the RTI Application to the Appellant free of cost by registered/speed post within 15 days from the date of receipt of this order under due intimation to the Commission.

Further, with respect to the Appellant's grievance against non-payment of interest amount as referred to at point no.2 of the RTI Application, she is advised to pursue the same before the appropriate forum through proper grievance redressal channel. As far as the mandate of the RTI Act is concerned, the CPIO is 3 only supposed to provide available information and not offer clarifications and answers to futuristic or suppositional queries.

The appeal is disposed of accordingly.

Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4

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