Central Information Commission
Muhammed Shamseer M P vs Dg, Doordarshan on 8 January, 2021
CIC/DGDOR/A/2019/100990
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/DGDOR/A/2019/100990
In the matter of:
Muhammed Shamseer. M P ... अपीलकता/Appellant
VERSUS
बनाम
CPIO , ... ितवादीगण /Respondent
Prasar Bharati, India's Public
Service Broadcaster,
Doordarshan Kendra,
Kerala
Relevant dates emerging from the appeal:
RTI : 12.07.2018 FA : 17.09.2018 SA : 07.01.2019
CPIO : 09.08.2018 FAO : 17.10.2018 Hearing : 07.01.2021
The following were present:
Appellant: Absent.
Respondent: Shri S. Sanjeev, DDG & CPIO, India's Public Service Broadcaster,
Prasar Bharati, All India Radio, Doordarshan Kendra, Kerala, heard through video
conferencing.
Page 1 of 5
CIC/DGDOR/A/2019/100990
ORDER
Information Sought:
The appellant filed an RTI application on 12.07.2018 seeking information as under:-
"Reference: 1)My application dated 05 July 2018 (ID No. 943); 2) Your letter No. 67(5) RTI ACT / Al / DKT/18/2014 dated 10 July 2018.
With reference to the above I am submitting herewith a postal order worth Rs. 10/- drawn in favour of the "DRAWING AND DISBURSING OFFICER, DOORDARSHAN KENDRA, THIRUVANANTHAPURAM" towards application fee for obtaining information under RTI as per my application dated 05-July-2018 submitted to you."
The CPIO, vide letter dated 09.08.2018, provided detailed and pint wise reply to the appellant. Being dissatisfied, the appellant filed first appeal dated 17.09.2018. FAA, vide order dated 17.10.2018, upheld the CPIO's reply dated 09.08.2018.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The appellant remained absent during the hearing, despite notice.
The respondent submitted that the appellant, along with his RTI application dated 12.07.2018, had enclosed an application dated 05.07.2018 (ID No. 943) in Page 2 of 5 CIC/DGDOR/A/2019/100990 Malayalam language wherein he had sought information on eight points pertaining to one Shri B.Shaji, Engineering Assistant. In response to the same, a point wise reply was furnished to the appellant vide letter dated 09.08.2018. He further submitted that vide point no. 8, the appellant had sought details of immovable properties held by Shri B.Shaji. Since the same is not available in public domain and pertains to the personal information of a third party, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third party, the CPIO approached the said third party, Shri B.Shaji to obtain his consent to furnish the information sought for. However, Shri B.Shaji, vide letter dated 07.08.2018, denied to disclose the same to the appellant.
Therefore, information sought vide point no. 8 was denied to the appellant.
The appellant was not present to contest the submissions of the Respondent or to establish the larger public interest involved in disclosure that would outweigh the harm to the protected interests.
Decision:
The Commission, after hearing the submissions of the respondent and perusing the records, observes that the appellant's RTI application dated 12.07.2018 only contains reference to two letters - his application dated 05.07.2018 and respondent's letter dated 10.07.2018. Although the application dated 05.07.2018 has been enclosed by the appellant along with his RTI, the same is in Malayalam language making it difficult for the Commission to comprehend the desired information. However, as per the respondent's submissions, the appellant vide the said application has sought information on eight points pertaining to one Shri B.Shaji, Engineering Assistant. Further, as per the records, the appellant is dissatisfied with the denial of details of immovable properties held by Shri B.Shaji, Page 3 of 5 CIC/DGDOR/A/2019/100990 as sought vide point no. 8. In this regard, the Commission refers to DoP&T guidelines and observes that and as per OM No. 11013/3/2011-Estt A-IV dated 11.04.2011 issued by the DoP&T, all governemt servants are required to submit an annual return regarding the immovable property inherited/ owned/ acquired/ held on lease or mortgage either in his own name or in the name of any family member or in the name of any other person. Further, Section 44 of 'The Lokpal and Lokyukta Act, 2013' also makes it mandatory for every public servant to make a declaration as to his assets and liabilities. A reference is further made to Section 8(1)(j) of the RTI Act that exempts the disclosure of such information which relates to the personal information of third parties, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties. The Commission notes that information that has already been made available to the respondent public authority and is being held by a governmental body cannot be categorized as 'personal.' The Commission, therefore, directs the respondent to furnish complete information, as sought vide point no. 8, to the appellant within a period of 15 days from the date of receipt of a copy of this order under intimation to the Commission.
With the above observations, the 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: 07.01.2021 Page 4 of 5 CIC/DGDOR/A/2019/100990 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 /ADG(SZ), Prasar Bharati, India's Public Service Broadcaster, O/o the Additional Director General Doordarshan South Zone, Doordarshan Complex, J C Nagar Bangalore -560006
2. The Central Public Information Officer Prasar Bharati, India's Public Service Broadcaster, Doordarshan Kendra, Kudappanakkunnu Thiruvananthapuram, Kerala-695043
3. Shri Muhammed Shamseer. M P Page 5 of 5