Central Information Commission
Jasbir Singh vs Prasar Bharati Secretariat on 2 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/PBSEC/A/2023/137080
Jasbir Singh .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
DDG (P) & CPIO, DDK Delhi, DD Bhawan,
New Delhi - 110001 .... ितवादीगण /Respondent
Date of Hearing : 23.12.2024
Date of Decision : 30.12.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 31.03.2023
CPIO replied on : Not on record
First appeal filed on : 02.06.2023
First Appellate Authority's order : 27.06.2023
2nd Appeal/Complaint dated : 04.09.2023
Information sought:
The Appellant filed an (online) RTI application dated 31.03.2023 seeking the following information:
"1. For maintaining of records in respect of feature films telecast by Doordarshan Kendra, Delhi, the time period mentioned in DD Manual for Page 1 of 4 keeping the records safe & intact in number of years after telecasting the same.
2. Doordarshan Kendra, Delhi is following instructions as mentioned in point no. 1 as per DD manual.
3. Name & Designation of authority who is maintaining feature films record in respect of Doordarshan Kendra, Delhi."
Having not received any response from CPIO, the appellant filed a First Appeal dated 02.06.2023. The FAA vide its order dated 27.06.2023, held as under.
"With reference RTI appeal PRBHA/A/E/23/00124 dated 02.06.2023. CPIO DDK Delhi is requested to provide requites information to the applicant immediately under intimation this office."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference. Respondent: Shri Vijay Kumar Tiwari, CPIO and Shri Arijit Kar, UDC, appeared in person.
The appellant inter alia submitted that information sought on point No. 1 of the RTI application was not provided till the date of hearing.
The respondent while defending their case inter alia submitted that they had provided point-wise reply on 25.08.2023, a copy of the same was not on record. The respondent stated that after receipt of the hearing notice, they had provided revised point-wise reply to the appellant vide letter dated 24.12.2024, context of the same is reproduced as under:
1. "As far as maintenance records in respect of feature films, since it is not purview of Doordarshan Kendra, Delhi (regarding maintenance of records).
This RTI Information pertains to DG: Doordarshan. Therefore, as per provisions contained in U/S 6(3) of RTI Act, 2005 your RTI application is being transferred/forwarded to 0/0 The Director General (CPIO-RTI Cell) Page 2 of 4 & Film Section, Doordarshan Bhawan Phase-I, Copernicus Marg, Mandi House, New Delhi with the request to provide the information directly to the applicant under intimation to this office.
2. DDK, Delhi receives films from Film Section of DG: Doordarshan for telecast on DD National, as scheduled by DG: Doordarshan and maintain concerned paper of film for one year only as laid down in the DD National.
3. Name of individual cannot be provided in RTI. However, as far as designation, ADP (Assistant Director (Programme) level officer heads the section."
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that respondent has provided point-wise reply to the appellant vide letter and 24.12.2024. The respondent submitted that in compliance of the FAA's order, the respondent CPIO provided the reply to the appellant vide letter dated 25.08.2023, however, copy of the same is not on record.
The appellant during the hearing submitted that he has not received the information only against point No. 1 of the RTI application. As regards point No. 1, the respondent vide letter dated 24.12.2024 replied that information sought pertained to DG, Doordarshan. Therefore, the RTI query was transferred under section 6(3) of RTI Act, to O/o The Director General (CPIO- RTI Cell) & Film Section, Doordarshan Bhawan Phase-I, New Delhi.
It may not be out of place to mention that under section 6 (3) of the RTI Act if an application is received by a public authority of which is more closely connected with the subject matter relating to another public authority seeking an information which is held by another public authority or which is more closely connected with the subject matter relating to another public authority, the public authority receiving the application should transfer the application to the concerned public authority within 5 days of the receipt of the application. In this case, as per the records, the CPIO has taken more than one and half years to transfer the RTI application to the concerned CPIOs which is gross Page 3 of 4 violation of the provisions of the RTI Act. The CPIO appeared before the Commission was not aware of the facts of the case property and he failed to give proper reasons for the delay in transferring the RTI application.
In view of the above, Shri Vijay Kumar Tiwari, the present CPIO and Ms. Usha Panwar, the then CPIO are cautioned to be careful while replying/transferring the RTI application and appearing before the Commission.
Further, the respondent is directed to obtain the information/reply on point No. 1 of the RTI application from the transferee CPIO i.e. DG, Doordarshan, by invoking section 5 (4) of the RTI Act and provide the same to the appellant free of cost, within three weeks from the date if receipt of this order.
The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA office of the ADG (E) (North zone) Akashvani & Doordarshan 8th Floor soochna Bhavan CGO complex New Delhi -110003 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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