Central Information Commission
A Suyambulingam vs Prasar Bharati Secretariat on 22 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/PBSEC/A/2023/123832
A Suyambulingam .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Prasar Bharati, O/o Addl.
Director General (A) (SZ),
All India Radio & Doordarshan,
Chennai - 600005 ....प्रनर्वािीगण /Respondent
Date of Hearing : 14.08.2024
Date of Decision : 21.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 12.11.2022
CPIO replied on : 16.12.2022
First appeal filed on : 28.12.2022
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 25.05.2023
Information sought:
The Appellant filed an RTI application dated 12.11.2022 seeking the following information:
"I am a retired camera man Grade 2 from Doordharshan Kendra Trivandrum, retired on 31.07.2018.
I would like to seek the following information under RTI Act 2005.Page 1 of 5
I. Xerox copy of my service book of all the pages is required.
II. Letter No.1/159/2022/GRC/E.file-135117/364 dated 14.10.2022 Signed by R.S.Chouhan, Deputy Director (Admin) New Delhi Copy enclosed. -
1. When the first ACP was granted to me?
2. Copy of the relevant office order is required.
3. When my first ACP was claimed in my salary slip? (Month / Year)
4. Copy of the concerned salary slip claiming the first ACP salary slip is required.
III. Letter NO.12 (1) 2019/A1/DKT/7950 dated 31.05.2019. Signed by N.Radhamoney, Administrative Officer, copy enclosed.
1. Is there any reply from director general New Delhi-110 001 in response to the above letter?.
2. If So copy of the letter is required.
IV. CAT / Ernakulam Bench. Original application NO. 180/00331/2016 dated 08.04.2016. Copy enclosed herewith.
1. On which date CAT/ Ernakulam order Copy received at your office.ie DDK/TVPM.
2. Whether the order of CAT/Ernakulam was implemented or not?.
3. If not why the order was not implemented to me?.(where as this order was implemented for Shri.P.N.Mohan Rao, Chennai.).
V. Letter from Dy.Director, R.S.Chouhan and the letter form DDK/TVPM signed by N.Radhamony.(both copy of letters enclosed)
1. Why this Contradiction?.
2. Is Dy.Director (Admin) Mr.R.S.Chowhan is adamantly gave me the wrong information?.
3. Whether he replied me after due verification of official records?"
The CPIO furnished a point-wise reply to the Appellant on 16.12.2022 stating as under:
"Query I Attested copies attached (51 pages). Query II (1) Not eligible for I'ACP as regular promotion granted before 12 years. Query II (2) Not applicable.
Query II (3) Not applicable Page 2 of 5 Query II (4) Not applicable Query III (1) Not received.
Query III (2) Information not available. Query IV (1) Received on 06/5/2016.
Query IV (2) Implemented.
Query IV (3) Not applicable Query V (1) Information is not specific. Query V(2) Information is not specific Query V (3) Information is not specific"
Being dissatisfied, the appellant filed a First Appeal dated 28.12.2022. The FAA order is not on record.
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 VC.
Respondent: Smt. P. Padmavati, CPIO-cum-Director (Engineering)/Chennai and Shri NS Sanil Kumar, Deputy Director General-cum-CPIO/Trivandrum, attended the hearing through VC.
The Appellant stated that he is not satisfied with the information provided by the Respondent qua the instant RTI Application.
The Respondent submitted that in respect of point No. 1 of the RTI Application, certified copies of service book was handed over to the appellant containing 51 pages on 16.12.2022. He added that in respect of point No. 2 of the RTI Application, an updated reply has been prepared vide letter dated 16.08.2024 and the same will be sent to the Appellant and in respect of point No. 3 to 5 of Page 3 of 5 the RTI Application, the reply given vide letter dated 16.12.2022 stands corrected based on the records available. He further apprised the bench of the fact that the Appellant has been granted 1st ACP as per DG, DD order No. 1 3/02/2023-S.1(A) dated 23.03.2023, and the papers for revision of pay pension has already been forwarded to Pay and Accounts Officer, Chennai requesting for revision of retirement benefits.
After conclusion of the hearing, a written submission has been received from Shri NS Sanil Kumar, Deputy Director General-cum-CPIO/Trivandrum, vide letter dated 16.08.2024, wherein the Appellant has been informed as under: "Submission of CPIO
1. The information under RTI was sought by the applicant on 12.11.2022.
2. In reply to query No. I, the certified copies of service book was handed over to the appellant.
3. The reply to query No.II is updated as below based on DG DD OM dt 23/3/2023. As per the order, the appellant is eligible for I ACP.
II(1) - With effect from 9.8.1999 II(2) - Enclosed II(3) -Since the appellant has retired from service, his revised pay fixation has been communicated to the Paying authority. II(4) Not applicable
4. The reply to query Nos III, IV & V were furnished based on the records available with CPIO as on 16/12/2022 Conclusion:
It is submitted that the appellant has been granted 1st ACP as per DG, DD order No. 1 3/02/2023-S.1(A) dated 23.03.2023, and the papers for revision of pay pension has already been forwarded to Pay and accounts Officer, Chennai requesting for revision of retirement benefits.
It is also submitted that no false information has been submitted by CPIO in reply to the appellants RTI application dated 12.11.2022 It is humbly submitted that Honorable CIC may please consider and accept the above submissions and dispose off the appeal." Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that suitable reply based on available records has been given by the Respondent vide letter dated 16.12.2022 and 16.08.2024. However, a copy of the averred reply dated 16.08.2024 has not been sent to the Appellant and accordingly the CPIO is directed to send the same along with the relevant enclosures, to the Appellant, Page 4 of 5 within two weeks of receipt of this order. As per commitment made during the hearing, the Respondent is directed to provide a copy revised PPO after grant of MACP and copy of order granting other revised retirement benefits, within eight weeks from the date receipt of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Prasar Bharati, O/o Addl. Director General (A) (SZ), All India Radio & Doordarshan, Chennai - 600005 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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