Central Information Commission
Ramesh Kumar vs Prasar Bharati Secretariat on 4 April, 2022
CIC/PBSEC/A/2020/103182
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/PBSEC/A/2020/103182
In the matter of:
Ramesh Kumar ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, ... ितवादीगण /Respondent
/Programme Executive Prasar
Bharti O/O the Dy Director
General All India Radio,
B Casting House, Prasaran
Bhawan, Akashwani,
Delhi - 110001
2. CPIO,
The O/o News Service Division,
Room No-221,
New Broadcasting House,
All India Radio,
New Delhi-110001
3. CPIO,
/Under Secretary, Ministry of
Information & Broadcasting,
BA(P) Division, Shastri Bhawan,
New Delhi-1
4. CPIO,
Prasar Bharati Secretariat, Prasar
Bharati House: Tower 'C' Mandi
House, Copernicus Marg,
New Delhi-110001
Page 1 of 10
CIC/PBSEC/A/2020/103182
Relevant dates emerging from the appeal:
RTI Application filed on : 25.10.2019
CPIO replied on : 26.11.2019 & 23.12.2019
First Appeal filed on : 04.12.2019
First Appellate Authority order : 19.12.2019
Second Appeal received on : 17.01.2020
Date of Hearing : 17.12.2021 & 01.04.2022
The following were present:
Appellant: Absent (hearing notice returned undelivered)
Respondent: Shri Pramod Kumar, Programme Executive & CPIO/AIR and Shri
Sunil Kumar, UDC and Shri Ashish Kumar Shukla, SO, MOI&B, participated in
the hearing in person.
ORDER
Information sought:
The Appellant filed RTI Application dated 25.10.2019 seeking information on the following four points:Page 2 of 10
CIC/PBSEC/A/2020/103182 Shri Ranvir Singh, CPIO & Under Secretary, Ministry of Information and Broadcasting, New Delhi vide letter dated 26.11.2019, transferred RTI Application u/s 6(3) to RTI Cell, Prasar Bharati, Prasar Bharati House, Mandi House, New Delhi and endorsed a copy to the Appellant.
Shri Pramod Kumar, CPIO/Programme Executive, Prasar Bharati, New Delhi vide letter dated 23.12.2019, informed to the Appellant as under:
"Point no. A to D: The information asked for is not available in this office."
Being dissatisfied, the Appellant filed a First Appeal dated 04.12.2019. The First Appellate Authority vide order dated 19.12.2019, informed the Appellant as under:
"The reply sent by the CPIO, BA(P) vide letter of even number dated 26.11.2019 has been perused and found to be correct as far as BA(P) Division in concerned."
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant could not participate in the hearing as the hearing notice has returned undelivered.
Shri Pramod Kumar, Programme Executive & CPIO/AIR submitted that they have received the instant RTI Application on 10.12.2019 and as the information sought by the Appellant does not pertaining their division, the same has been informed to the Appellant vide letter dated 23.12.2019. He further elaborated that their division Page 3 of 10 CIC/PBSEC/A/2020/103182 is concerned with the transmission line of work but the requisite information pertains to CMS division that has been dissolved in the year 2005.
Shri Ashish Kumar Shukla, SO, MOI&B, submitted that the information sought in the instant RTI Application is not available in their office. Upon being queried by the Commission that who is the concerned custodian of relevant information, the Respondent could not provide a cogent reply. The Commission orally directed them to ascertain that who is the concerned custodian of requisite information qua the instant RTI Application, they acceded with the oral direction of the Commission.
A written submission has been received by the Commission from Shri Ranvir Singh, Under Secretary to Government of India, vide letter dated 03.12.2021 and the same has been marked to the Appellant, wherein the Commission has been informed as under:Page 4 of 10
CIC/PBSEC/A/2020/103182 A written submission has been received by the Commission from Shri Pramod Kumar, CPIO & Programme Executive, vide letter dated 06.12.2021 and the same has been marked to the Appellant, wherein the Commission has been informed as under:Page 5 of 10
CIC/PBSEC/A/2020/103182 Interim Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that Shri Ashish Kumar Shukla, SO, MOI&B, after the conclusion of the hearing has informed the Commission that the concerned custodian of requisite information qua the instant RTI Application is News Service Division in Directorate General, All India Radio in Prasar Bharti. Hence, the Commission finds it pertinent to re-schedule the instant matter. The Registry of this Bench is directed to issue a fresh hearing notice to the Appellant and as well as the office of News Service Division and re-schedule the instant matter on a later date.
A copy of this order is marked to Respondents to ensure that a copy of this order is received by office of News Service Division.
PROCEEDINGS OF THE HEARING DATED 01.04.2022 The following were present:
Appellant: Absent (despite being served the hearing notice) Respondent: Shri Ranvir Singh, Under Secretary & CPIO, Shri Pramod Kumar, ACPIO and Shri P. Pawan, Assistant Director (News Service Division) & APIO, participated in the hearing in person.
Submissions made by Appellant and Respondent during Hearing: The Appellant did not participate in the hearing despite being served the hearing notice.
The Respondents submitted that the information sought in the instant RTI Application is not available in their respective departments as the CMS division Page 6 of 10 CIC/PBSEC/A/2020/103182 has been dissolved in the year 2005 and no record of the same is available in their offices.
A written submission has been received by the Commission from Dr. Atul Kumar Tiwari, First Appellate Authority/ADG (News), vide letter dated 02.02.2022, wherein the Commission has been informed as under A written submission has been received by the Commission from Shri Pramod Kumar, CPIO & Programme Executive, vide letter dated 21.03.2022 and the same has been marked to the Appellant, wherein the Commission has been informed as under:Page 7 of 10
CIC/PBSEC/A/2020/103182 A written submission has been received by the Commission from Shri Ranvir Singh, CPIO & Under Secretary to Government of India, vide letter dated 22.03.2022 and the same has been marked to the Appellant, wherein the Commission has been informed as under:Page 8 of 10
CIC/PBSEC/A/2020/103182 Final Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Appellant in his RTI Application has himself averred that the CMS Division in the year 2005 has been transferred to National Technical Research Organization (NTRO), thus the information sought in the instant RTI Application pertains to Prime Minister's Office which is beyond the ambit and jurisdiction of this bench of the Hon'ble Commission. Hence, the Commission finds no scope of intervention in the instant matter.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 04.04.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 9 of 10 CIC/PBSEC/A/2020/103182 Addresses of the parties:
1. The First Appellate Authority (FAA) Prasar Bharti Ministry Of Information and Broadcasting BA(P) Division A Wing Shastri Bhawan New Delhi
2. The Central Public Information Officer /Programme Executive Prasar Bharti O/O the Dy Director General All India Radio, B Casting House, Prasaran Bhawan, Akashwani, Delhi - 110001
3. The Central Public Information Officer The O/o News Service Division, Room No-221, New Broadcasting House, All India Radio, New Delhi-110001
4. The Central Public Information Officer /Under Secretary, Ministry of Information & Broadcasting, BA(P) Division, Shastri Bhawan, New Delhi-110001
5. The Central Public Information Officer Prasar Bharati Secretariat, Prasar Bharati House: Tower 'C' Mandi House, Copernicus Marg, New Delhi-110001
6. Mr. Ramesh Kumar Page 10 of 10