Central Information Commission
Mr.J Shivakumar vs Ministry Of Information And ... on 8 December, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002682/16184
Appeal No. CIC/SG/A/2011/002682
Relevant Facts emerging from the Appeal
Appellant : Mr. J. Shivakumar,
No. B-5, SPT All India Radio Staff Quarters,
Yelahanka New Town,
Bangalore- 560 064
Respondent : Mr. S. N. Manjunath
Central Public Information Officer & Administrative Officer BROADCASTING CORPORATION OF INDIA Doordarshan Kendra, J.C. Nagar, Bangalore, Karnataka RTI application filed on : 23/04/2011 PIO replied : 02/06/2011 First appeal filed on : 18/06/2011 First Appellate Authority order : Not ordered Second Appeal received on : 22/09/2011 Sl. Queries Reply 1 The expenditure incurred (year wise from January Furnished as Annexure '1' 2005 to Dec. 2010) on the use of office vehicle(local use ) in respect of Sri Mahesh Joshi, DDG. Year wise expenditure to be furnished from Jan. 2005 to Dec.
20102 The expenditure incurred (yearwise from January Furnished as Annexure '2' 2005 to Dec. 2010) on the use of office vehicle outstation vehicles ) in respect of Sri Mahesh Joshi, DDG. Year wise expenditure to be furnished from Jan. 2005 to Dec. 2010 3 The amount spent on hiring of taxis (both local and Furnished as Annexure '3' outstantion) in DDK, Bangalore every month?
Month-wise expenditure from January 2010 to December 2010 to be furnished. .
4 Copies of quotation of transport agency which has Furnished as Annexure '4' been awarded contract for local use and outstation from January 2005 to December 2010 to be furnished 5 Copies of the Comparative Statement of ward of cabs Furnished as Annexure '5' (local and outstation) from 2005 to 2010 to be furnished.
6 The payment of Transport I Allowance of Sri No transport allowance is paid.
Mahesh Joshi, DDG to DDK, Bangalore for availing Transport facility from 2005 to 2010 to be given.
7 Copies of the Transport Section Movement Register The DD manual does not prescribe to from 01.02.1010 to 07.02.2010 ( 7 days) maintain the Movement Register.
Page 1 of 68 Copies of the car requisition laced by Sri Mahesh The RTI Act does not authorize an applicant Joshi and log sheet of vehicle used by Sri Mahesh to seek the explanation.
Joshi, DDG from 01.02.2005 to 07.02.2005 (7 days), In the PD manual, there is no mention of Car
from 17.11.2010 to 23.11.2010(7 days) (17.10.2010 requisition to be submitted by the Head of
is and 21.11.2010 is GH) and from Office for
1.2.2011 to 7.2.2011(7 days). In the event Head of (use of vehicle for official purpose. The CXC
Office is exempted in submitting a car requisition in number of cases has held
routinely, under which rule or provision of law is he that the Appellant has to seek the information
exempted? Are there any instructions from available in the material
Directorate that Head of Office need not submit a car form and not to seek the views and opinions.
requisition for use of office vehicle? Then, the same to be furnished.
9 Does Sri Mahesh Joshi, DDG use office vehicle for all 30/31 days in a month, including Saturday, He is being the Head of the Chandana Sunday and General Holiday throughout the year? In Channel, which runs for 24 hours, he is that case, reasons for use of office vehicle on required to attend the important functions Saturday, Sunday and Holiday? organized by public institutions. Thus he attend various functions in discharging his official duties even on holidays. He is on duty for 24 hours.
10 Is there any instance wherein Sri Mahesh Joshi, do DDG is in Bangalore and has not used office vehicle? In that event, the relevant dates to be I mentioned. 11 It is understood that Sri Mahesh Joshi was in the There is no provision in the RTI Act to habit of counter- signing the car requisition placed by provide explanation of the Public Authority moo. Shivakumar, IJOC) from February, 2010 to to the information seekers. Being the Head of September, 2010. Reason for his coun signature on Office, the DOG can take any administrative car requisition, when the requisition has already been decisions in the interest of organization. signed by SAO/AO, the Officer-in-charge of Transport. Reason on the mode of witch-hunting of Sri Mahesh Joshi on the movement of subordinate staff?
12 Sri S. Diwakar, UDC has been posted in Legal Cell, There is no provision in the RTI Act to Doordarshan Kendra, Bangalore from October 2010 provide explanation of the Public Authority onwards. In his car requisition or that of other to the information seekers. Being the [lead of programme staff being counter signed by Sri Mahesh Office, the DDG can take any administrative Joshi, DDG and Head of Office? In the event it is not decisions in the interest of organization. counter-signed by 13 How many Departmental vehicles Furnished as Annexure '6' are running in DDK, Bangalore as on date and what is the current strength of Motor Drivers on roll? What is the average kms run by the Departmental vehicle on a working day?
14 The average kms run by a hired taxi on nay single Furnished as Annexure '7' working day?
15 Did any review meeting place by the Head of Office There is no mention of meeting to be January 2005 to December 20 the expenditure conducted as manual incurred Transport Section? Details to be furnished review per the with supporting documents and copies of file noting to furnished.
Page 2 of 616 I had applied for Earned Leave Under the RTI the services grievances cannot (EL) in March, 2010; in view of exam be answered. of my children. (Copy of the EL application at Annexure-A). Reason why it was not sanctioned. Name and designation of officials responsible for denial of EL.
17 For a UDC working in Legal Cell or The Reporting Officer is Head Clerk and the Establishment Section in Doordarshan Kendra, who Reviewing Officer is Administrative Officer. is the Reporting Officer and Reviewing Officer for The ACR5 of ministerial staff are maintained the ACR of the official concern ed? Copy of my by the Station Director, All India, Bangalore. ACR for the preceding two years to be furnished. Accordingly, the same may be obtained from them.
18 Copy of the file noting of my personal file (existing Furnished as Annexure' 8' one) from Page NO. 1 to 11 to be furnished.
19 Spells of Commuted Leave• (Medical Leave) availed commuted Leave availed during 2010 by me in the year 2010 to be furnished. Has all the is as under. spells of leave have been sanctioned? Name and 5.4.2010 to 09.04.2010 - 5 days designation of the official who has sanctioned the 10.5.2010 to 14.05.2010--5 days leave. 20.05.2010 to 30.05.2010--10 days 09.08.2010 to 18.08.2010 - 10 days 13.09.2010 to 17.09.2010 5 days 01.12.2010 to 10.12.2010 -- 10 days The leave has been sanctioned by the Administrative Officer.
20 Copies of my Casual Leave (CL) applications Copies of leave applications are enclosed.
submitted from September 2010 to December 2010 There is n o provision under RU Act to to be furnished. Reason as to why provide the explanation. my leave is to be sanctioned by Sri Annexure -- 8 (a) Mahesh Joshi, DDG and Head of Office when rules prescribe that leave sanctioning authority for LDC/UDC working in Establishment/Accounts section is the Administrative Officer! Sr. Administrative Officer.
21 Any magazines! Books have been purchased/ subscribed by DDK, Bangalore from January 2005 S,No Name of Date of Amount till date? Details of expenditure exceeding Rs.500/- the Purchase to be furnished. The expenditure incurred in the Mgazines process from January, 2005 till date to be furnished. 1 Right to 05/01/2011 3750/-
Name and designation of officials who are information per year
beneficiaries of such magazines/books/booklets Reporter
pertaining to RTI to be given. 2010 shop
no 4, LSC ,
DDA
market
,shivaji
enclave
raja
garden
,new delhi-
27
Page 3 of 6
2 RTI 17/03/2011 4020
magazine for
shree Ram three
Law House years
,SCO ,no. from
71/73 2008 to
,sector 17C 2010
Chandigarh
160017 .
22 22. Flow many staff welfare co-ordination committee The questions prefixing how, is not meeting has been held from 2005 till date? What answered, however, there were four staff were the agenda discussed and agenda implemented? welfare coordination meetings were held.
The main agenda was related to staff
grievances, which was addressed
accordingly.
Annexure--8fb)
23 Copy of the DDK, Bangalore order declaring Group Enclosed as Annexure '9' & 9 (a)
'B' officers as CPIO under the RTI Act and Sri Mahesh Joshi as Appellate Authority to be furnished. Does it have the written approval of Doordarshan Directorate? Copy of letter received from Directorate in this regard to be furnished. In the event of not seeking Directorate's in this regard to be furnished. In the event of not seeking Directorate's approval, reasons thereof.
24 In the copy of the alleged Minutes of the meeting Furnished as Annexure'10' letter dated 18.02.2011 (copy at Annexure-B), the same is signed by the Administrative Officer, though not signed for and on behalf of DDG, i.e. Head of Office. I-las this Minutes letter got the approval of Head of Office? Copy of the file notings of the approval in this regard to be furnished.
25 Regarding telecast of regional feture films in Furnished as Annexure'10' Chandana, from January 2005 till date, how many Kannada Films have been given Grade A, Grade 8+ and Grade B. Details to be given category-wise. The amount paid by DDK, Bangalore towards the telecast of these category to be gien.
26 Name and address of the Panel members to be given Furnished as Annexure '11' who have given gradation to the kannada films from January 2005 till date for the telecast of Kannada feature film in Chandana.
27 Name and address of the agency t Furnished as Annexure' 12' whose films have been telecast from January 2005 till date and the amount paid to each agency.
28 Is the decision of telecast of FurnishedasAnnexure:'13 particular Kannada feature film in Chandana the decision of an individual or through a committee. If is by way of committee, two or three minutes of the decision of the committee to be furnished.
Page 4 of 629 Copy of the guidelines pertaining Furnished as Annexure '14' to the telecast and payment of fee of kannada feature film to be furnished.
2. Before furnishing the information, it is brought to the notice of the Appellant that making allegations against the officers and officials and crossing the border of the decency and propriety and also using derogatory and impolite language is not permitted under RTI Act. Diverse and lengthy information designed only to put the public authorities under undue and uncalled for pressure. The CXC in number of cases has held that malafide intention of tarnishing the image of the organization is condemnable. It is further held the Appellant should refrain from using the RTI as a tool to harass the colleagues. The RTI does not authorize the Appellant to receive the explanation disguised as queries for information. The Appellant should not misuse the RTI to settle the personal scores. It also held that employees are not expected to question the decisions of the superiors in garb of seeking information. It also held that in the garb of seeking information, the Appellant should not attempt to settle disputes relating to internal functioning of the organization.
Grounds for the First Appeal:
Information provided is vague, misleading, incorrect and incomplete Order of the FAA:
Not mentioned.
Grounds for the Second Appeal:
FAA has not replied and information provided is unsatisfactory.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. J. Shivakumar on video conference from NIC-Bangalore Studio; Respondent: Mr. S. N. Manjunath, Central Public Information Officer & Administrative Officer on video conference from NIC-Bangalore Studio;
The PIO has given certain information but the Appellant wants to inspect the records on 28/12/2011 from 10.30AM onwards. The Appellant will give the list of records that he wants to inspect to the PIO before 15 December 2011.
The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 28 December 2011 from 10.30AM onwards at the office of the PIO. In case there are any records or file which the appellant believes should exist, which are not shown to him, he will give this in writing to the PIO at the time of inspection and the PIO will either give the files/records or give it in writing that such files/records do not exist.
Decision:
The Appeal is allowed.
The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 28 December 2011 from 10.30AM onwards. The PIO will give attested photocopies of records which the Appellant wants free of cost upto 200 pages. This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner Page 5 of 6 08 December 2011 (In any correspondence on this decision, mention the complete decision number.)(PRE) Page 6 of 6