Central Information Commission
Lalsa Devi vs Dg All India Radio on 14 June, 2021
CIC/DGAAR/A/2019/641254
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/DGAAR/A/2019/641254
In the matter of:
Lalsa Devi ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Dy. Director Admn. (SCOR),
Prasar Bharati, India'S Public Service
Braodcaster, Direcorate General:
All Indi Radio (SCOR
Section),Akashwani Bhawan, New Delhi
Relevant dates emerging from the appeal:
RTI Application filed on : 25.02.2019
CPIO replied on : 27.02.2019
First Appeal filed on : 07.03.2019
First Appellate Authority order : 01.04.2019
Second Appeal Received on : 18.04.2019
Date of Hearing : 10.06.2021
The following were present:
Appellant: Smt. Lalsa Devi participated in the hearing on being contacted on her
telephone.
Respondent: Shri Upendra Nath Singh, DD, DG-AIR participated in the hearing
on being contacted on his telephone.
Page 1 of 5
CIC/DGAAR/A/2019/641254
ORDER
Information sought:
The Appellant filed an online RTI Application dated 25.02.2019 seeking information on the following four points:
"Kindly provide the following information u/s 6 ( 1 ) of RTI Act 2005. The same information in the larger public interest.
1) How many persons are working at present in the SCHEDULED TRIBE category in groups (A, B, C, D) Ministry /HQ Delhi and office/ offices of all PSUs, Directorates, Departments in Delhi and all states India under Administrative control of your Ministry/HQ.
2) Kindly furnish list of ST Employees Group-Wise in typed copy Name of employee, Emp .No. D.O.B, Designation and Present Address.
3) Kindly provide certified copy of caste certificates of above officials.
4) Q.4 Kindly provide details of APPELLATE AUTHORITY.
Note: The part of information is more closely concerned with other Office/ offices of PSUs, Directorates, and Departments, so my RTI application may kindly be transferred to others appropriate CPIOs/PIOs intimate to me within prescribed time limit U/s 6 ( 3 ) of RTI Act 2005."
The CPIO vide letter dated 27.02.2019, provided information on point no. 1 & 4. Denied information u/s 8(1)(j) of the RTI Act, 2005 (on point no. 2 & 3) to the Appellant. Being dissatisfied, the Appellant filed a First Appeal dated 07.03.2019. The First Appellate Authority vide order dated 01.04.2019, informed as under;
"Smt. Lalsa Devi has filed the above appeal saying that the information asked by her on point 2 and 3 of her RTI application registration No. DGAIR/R/2019/50039 dated 21.02.2019 has not been provided to her and her query has been ignored. On perusal of records it is found that the RTI application was received by the CPIO on 25/02/2019 and he has furnished the point wise reply to the appellant vide letter No. A-11019/16/2019-Scor/43 dt. 27.02.2019. The reply given by the Page 2 of 5 CIC/DGAAR/A/2019/641254 CPIO is as per provisions of the RTI Act, 2005. The appellant's complaint that her request has been ignored, is not justified."
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. She requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The Appellant stated that the information sought at point no. 2 & 3 are denied by the Respondent under section 8 (1) (j) of the RTI Act.
The Respondent submitted that the then CPIO has already informed the Appellant that the information sought at point no. 2 & 3 are third party personal information and the same cannot be provided under section 8 (1) (j) of the RTI Act.
On being asked, the Appellant failed to establish the larger public interest.
A written submission has been received by the Commission from Smt Anjani Kumar, Deputy Director General & CPIO vide letter dated 04.06.2021, wherein she has informed the Commission that "It is submitted that, a point (four) wise information against the above said RTI was furnished to the applicant by the then CPIO/DDA (SCOR), DG: AIR, New Delhi, vide letter no. A: 11019/16/2019 dated 27.2.2019 (copy enclosed). The applicant filed an appeal dated 07.03.2019 before First Appellate Authority and requested to provide information on point 2 & 3 of RTI application on the plea that the information has been ignored in CPIO letter dated 27.02.2019.Page 3 of 5
CIC/DGAAR/A/2019/641254 In this regard, it is submitted to the Hon'ble Commission, that the contention of the applicant that information w.r.t. point 2 & 3 of her RTI application were ignored is baseless and false. The then CPIO/DDA (SCOR), DG:AIR has timely informed the applicant w.r.t to point 2 & 3 of RTI Application dated 25.02.20219, that "the information sought on these point relates to third party information and it is personal information which is exempted from disclosure under section 8(1)(j) of the RTI Act 2005". So, the contention of the applicant that the requisite information pertaining to point 2 & 3 has been ignored by the then CPIO/DDA (SCOR) vide letter dated 27.02.2019, is not correct. The decision of the then CPIO/DDA (SCOR) was upheld and found as per the provisions of RTI Act 2005 by the then First Appellate Authority, DG:AIR vide letter no.
A: 11019/16/2019 dated 01.4.2019 (copy enclosed)."
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that since the Appellant failed to establish the larger public interest so the respondent's contention is upheld that is to say that the information sought at point no. 2 & 3 has rightly been denied under section 8 (1) (j) of the RTI Act. Therefore, an appropriate reply dated 27.02.2019 has been provided by the Respondent.
In view of the above, the Commission finds no further 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: 10.06.2021 Page 4 of 5 CIC/DGAAR/A/2019/641254 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) Director (Admn.) Prasar Bharati, India'S Public Service Braodcaster, Direcorate General: All India Radio(SCOR Section), Akashwani Bhawan, New Delhi-110001
2. The Central Public Information Officer, /Dy. Director Admn. (Scor), Prasar Bharati, India'S Public Service Braodcaster, Direcorate General: All India Radio (SCOR Section), Akashwani Bhawan, New Delhi-110001
3. Ms. Lalsa Devi Page 5 of 5