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Ratna Subhash Bhamare vs Dg All India Radio on 16 November, 2021

                                                         CIC/DGAAR/A/2019/152433

                                  के ीय सचू ना आयोग
                       Central Information Commission
                              बाबा गंगनाथ माग,मिु नरका
                        Baba Gangnath Marg, Munirka
                          नई िद ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/DGAAR/A/2019/152433

In the matter of:
                                                                 ... अपीलकता/Appellant
Ratna Subhash Bhamare

                                      VERSUS
                                        बनाम

1. CPIO,                                                       ... ितवादीगण /Respondent
/Surveyor of Works (Elect), Prasar Bharati,
India' Public Service Broadcaster,
Office of the Supdt Engineer (ELECT),
Civil Construction Wing: DG All
India Radio, Seminary Hills:Nagpur 440006

2. CPIO,
/ADG (P)(WR I & II), Prasar
Bharati, India's Public Service Broadcaster,
DG All India Radio: Mumbai,
O/O ADG (P) WR I & II, 3rd Floor,
Akashwani Broadcasting House, H.T. Parekh
Marg, Churchgate, Mumbai-400020
Relevant dates emerging from the appeal:
RTI Application filed on                  :   01.04.2019
CPIO replied on                           :   07.06.2019
First Appeal filed on                     :   19.09.2019
First Appellate Authority order           :   25.09.2019
Second Appeal received on                 :   31.10.2019
Date of Hearing                           :   15.09.2021




                                                                             Page 1 of 9
                                                      CIC/DGAAR/A/2019/152433

The following were present:
Appellant: Shri Ratna Subhash Bhamare, participated in the hearing through video
conferencing from NIC Bandra.

Respondent: Shri Subhas Vidwans, CPIO/Project Executive, along with Shri S.C.
Tupe, Assistant Engineer, participated in the hearing through video conferencing
from NIC Bandra.

                                     ORDER

Information sought:

The Appellant filed an RTI Application dated 01.04.2019 seeking information on the following thirteen points:

1) "Attested copy of school leaving certificate of Sh. G. N. Moundekar, UDC.

2) Attested copy of caste certificate of Sh. G. N. Moundekar, UDC.

3) Category in which Sh. G. N. Moundekar, UDC has joined the service of All India Radio i.e Scheduled Tribe and otherwise.

4) Order of Sh. G. N. Moundekar's appointment and promotion if any.

5) Data of joining service of All India Radio of Sh. G. N. Moundekar, UDC.

6) Attested copy of case validity certificate of Sh. G. N. Moundekar, UDC issued by the competent scrutinity committee if at all his caste certificate is verified.

7) Judgement and order passed by the competent court protecting Sh. G. N. Moundekar, UDC's service.

8) If case certificate of Sh. G. N. Moundekar, UDC is not verified the present status may kindly been informed.

9) Attested copy of caste verification report of Sh. G. N. Moundekar, UDC.

10) Copy of various posting in r/o Sh. G. N. Moundekar.

11) At present in which category Sh. G. N. Moundekar is working in the Department.

If in General category Kindly provide the copy of such order as he has retained in General category.

12) Details of various posting in r/o Sh. G. N. Moundekar.

13) Copy of first page of service book of Sh. G. N. Moundekar. "

Shri I. P. Mishra, Surveyor of Works (Elect.) CPIO), Prasar Bharti vide letter dated 07.06.2019, provided point-wise information to the Appellant.

CIC/DGAAR/A/2019/152433 Page 3 of 9 CIC/DGAAR/A/2019/152433 Being dissatisfied, the Appellant filed a First Appeal dated 19.09.2019. The First Appellate Authority vide order dated 25.09.2019, informed as under:

CIC/DGAAR/A/2019/152433 Grounds for Second Appeal:

The Appellant filed a Second Appeal u/s 19 of the Act on the ground of incorrect / misleading / false information provided 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: At the outset, the Commission sought clarification from the Appellant to establish the larger public interest in seeking the relevant information pertaining to a third party, the Appellant explained that Shri G.N. Moundekar had sought information pertaining to her caste certificate and the same was investigated/inquired into, and that is why she has filed the instant RTI Application. The Commission is irked by the nexus of the Appellant towards filing this RTI Application. Upon further queried by the Commission as to on what date she has filed the First Appeal, she replied that the First Appeal was filed on 19.09.2019. Upon further queried by the Commission as to whether she has filed multiple First Appeal regarding the same subject matter, she stated that she has filed several First Appeal vide dated 15.05.2019, 12.06.2019 and 25.06.2019, and as she is not carrying those files, she could not provide a cogent reply.

The Respondent submitted that they have provided point wise information along with the requisite documents to the Appellant vide letter dated 07.06.2019. Upon being queried by the Commission that why they have disclosed third party personal information to the Appellant, the Respondent submitted they have standing orders to provide the information from Shri Neeraj Agarwal, First Appellate Authority/ADG, vide letter dated 24.05.2019.

Shri Subhas Vidwans, CPIO (PEX) further submitted that the caste certificate and other third party information can be provided on demand. Upon queried by the Page 5 of 9 CIC/DGAAR/A/2019/152433 Commission as to whether they have any documentary proof or evidentiary proof to corroborate his statement, he could not provide a cogent reply.

A written submission has been received by the Commission from Shri L.K. Salgat, SE (E) & First Appellate Authority, vide letter dated 07.09.2021, wherein the Commission has been apprised as under:

CIC/DGAAR/A/2019/152433 Decision:

The Commission upon cogent perusal of the information sought in the RTI Application and replies given by the Respondent, learns that the Respondent has provided the caste certificate to the Appellant which is personal information of third party exempted from disclosure under Section 8 (1) (j) of the RTI Act and such lackadaisical conduct of the Respondent is not in accordance with the extant provisions of the RTI Act. The Commission strictly admonishes Shri Neeraj Agarwal, Appellate Authority/ADG for providing the personal information of third party to the Appellant, without application of mind.

In this regard, the Commission relies upon a judgment of Hon'ble High Court of Delhi in the matter of UPSC v. Pinki Ganeriwal vide order dated 08.11.2013 in W.P.(C) 5812/2010, wherein it was held as under:

"5. In the present case, the information such as date of birth, institution and year of passing graduation, field experience and caste is personal information of the selected candidates. There is no finding by the Commission that it was in larger public interest to disclose the aforesaid personal information of the recommended candidates. Even in his application seeking information, the respondent did not claim that any larger public interest was involved in disclosing the aforesaid information. In the absence of such a claim in the application and a finding to this effect by the Commission, no direction for disclosure of the aforesaid personal information could have been given."

In addition, the Hon'ble High Court of Delhi in the matter of Baljeet Singh v. The PIO, Industrial Training Institute, Jahangirpuri & Anr. vide order dated 01.07.2019 in W.P.(C) 776/2016 & CM. No. 3376/2016, held as under:

"11. In the case in hand, the respondent no.2 has sought the caste certificate issued to the petitioner. The information is a personal information as the caste to which the petitioner belongs is an issue inter-se between the respondent no.1 and the petitioner i.e., between employer and employee and this aspect is governed by service rules. The disclosure of which has no relationship to any public activity. In fact, it is held so by a Coordinate Bench of this court in UPSC v. Pinki Ganeriwal, W.P.(C) 5812/2010 decided on November 8, 2013."

CIC/DGAAR/A/2019/152433 In view of the above, the Commission expressed severe displeasure over the conduct of the Respondents for providing third party personal information to the Appellant and sternly cautions Shri Neeraj Agarwal and Shri Subhas Vidwans, to acquaint themselves well with the provisions of RTI Act. A copy of this order is marked to the Director General, All India Radio, to take note of the aberration of RTI Act being manifested in the Respondent public authority's office. The Director General is directed to sensitize the officials dealing with the RTI matters, regarding the provisions of RTI Act by way of training workshops etc. and putting in place a coherent system of checks and balances.

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(सचू ना आयु ) िदनांक / Date: 16.11.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पजं ीयक) 011-26105027 Page 8 of 9 CIC/DGAAR/A/2019/152433 Addresses of the parties:

1. The First Appellate Authority (FAA) Addl. Director (P)(Wr-I &II), Prasar Bharati, India' Public Service Broadcaster, O/O Adg(P) (Wr-I & II), All India Radio, 3rd Floor, Broadcasting House, Mumbai-400 020

2. The Central Public Information Officer /Surveyor Of Works (Elect), Prasar Bharati, India' Public Service Broadcaster, Office Of The Supdt Engineer (Elect), Civil Construction Wing: DG All India Radio, Seminary Hills: Nagpur 440006

3. The Central Public Information Officer, /ADG (P)(WR I & II), Prasar Bharati, India'S Public Service Broadcaster, DG All India Radio: Mumbai, O/O ADG (P) WR I & II, 3rd Floor, Akashwani Broadcasting House, H.T. Parekh Marg, Churchgate, Mumbai-400020

4. Smt. Ratna Subhash Bhamare Copy to:

Director General, All India Radio, Sansad Marg, Pandit Pant Marg Area, New Delhi, Delhi 110001.