Central Information Commission
Mr.Dinesh Chandra Joshi vs M/O Information & Broadcasting on 26 May, 2009
Central Information Commission
CIC/AD/A/09/00579
Dated May 26, 2009
Name of the Applicant : Mr.Dinesh Chandra Joshi
Name of the Public Authority : M/o Information & Broadcasting
Background
1. The Applicant filed an RTI application dt.5.2.09 with the CPIO, M/o Information & Broadcasting. He requested for information against 5 points related to the strike held on 8 and 9th January, 2009 by the Oil Sector Officers Association including the telecast of the news of the strike on the Zee News channel. The CPIO replied on 26.2.09 as follows:
i & ii) There is no provision for pre-censorship of programmes telecast by private TV channels. However, all the Private TV Channels are required to adhere to the Programme and Advertising Code prescribed under the Cable TV Networks (Regulation) Act, 1995 and rules framed there under which is available in the Ministry's website www.mib.nic.in. This Ministry has constituted an Inter Ministerial Committee for looking into the violation of the Programme and Advertising Codes prescribed under the Cable TV Networks (Regulation) Act, 1995 and rules framed there under. Action is taken as per the provisions of the Cable Act when any specific violation is found. iii to v)As no specific violation of Programme Code by the said TV channel had been brought to the notice of this Ministry, no cause of initiating any action against it arose. However, further action in the matter would be taken as per rules on the basis of RTI application.
Not satisfied with the reply, the Applicant filed an appeal dt.4.3.09 with the Appellate Authority. Aggrieved at not receiving any reply, he filed a second appeal dt.nil before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for May 26, 2009.
3. Dr. D.C. Pathak, Under Secretary cum CPIO and Mr. Prawin Kumar, Director cum Appellate Authority represented the Public Authority.
4. The Applicant was not present during the hearing. Decision
5. The Respondent (Appellate Authority) submitted that although the Appellant claims that he had sent the first appeal to the Ministry by post and had also produced the envelope sent by speedpost which was returned with a comment on it saying that it is being returned to the sender, he(Apellate Authority) did not receive it. He wondered why when the RTI application was sent to the same address it was accepted at the Ministry and in the case of the first appeal it was returned to the sender. He further stated that although the information sought by the Appellant does not fall under the definition of information under section 2(f) of the RTI Act, he provided clarification against each point raised in the RTI request vide his letter dated 25.5.09. After reviewing the information provided, the Commission accordingly disposes off the appeal.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Mr.Dinesh Chandra Joshi Qtr No.9/27 IOC Officers Colony Kharirohar Tehsil Gandhidham Kutch 370 201 Gujarat
2. Mr.D.C.Pathak The CPIO & Under Secretary (BC) M/o Information & Broadcasting 'A'Wing, Shastri Bhawan New Delhi 110 001
3. The Appellate Authority M/o Information & Broadcasting 'A'Wing, Shastri Bhawan New Delhi 110 001
4. Officer in charge, NIC
5. Press E Group, CIC