Central Information Commission
Madhukumar C vs Prasar Bharati Secretariat on 31 May, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/PBSEC/A/2022/152218
Madhukumar C ......अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Dy. Director General,
Prasar Bharati Secretariat,
RTI Cell, Prasar Bharati House,
Copernicus Marg, New Delhi - 110001. .... ितवादीगण /Respondent
Date of Hearing : 25/05/2023
Date of Decision : 25/05/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 04/07/2022
CPIO replied on : 01/08/2022
First appeal filed on : 22/08/2022
First Appellate Authority order : 29/08/2022
2nd Appeal/Complaint dated : 02/11/2022
Information sought:
The Appellant filed an RTI application dated 04.07.2022 seeking the following information:
"1. The action taken by DG AIR with regard to the representation by C Madhukumar, SEA, DDK TVM forwarded vide file no. 10 (I)2016/AI/DKT/(CMK) 582 dated 03/06/2020.1
2. Total number of AE vacancies in AIR/DD as on June 2022.
3. Total number of SC/ST backlog vacancies of AE (Assistant Engineers) in AIR/DD as on June,2022."
The CPIO furnished a pointwise reply to the appellant on 01.08.2022stating as under:
"Point No. 1 The file number mentioned has not been received in this Directorate (AIR).
Point Nos. 2 & 3 The required information is under process and will tentatively be available in public domain only after 1 Sept 2022." Being dissatisfied, the appellant filed a First Appeal dated 22.08.2022. FAA's order dated 29.08.2022, upheld the reply of CPIO. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present along with his representative through Video-Conferencing. Respondent: Shri Yogendra Singh, Dy. Director; Shri Nirmal Dewas, SO and Shri Suresh Kumar, ASO were personally present in the hearing.
The written submissions of the Respondent are taken on record.
The Appellant stated that he is aggrieved with the fact that he is not satisfied with the reply/information provided to him by the Respondent on his RTI application. He further submitted that wrong reply was given by the CPIO on his RTI application. The Appellant further expressed astonishment as to how come the letter sent by him to the Respondent through proper channel was not received in their office.
In response to Appellant contentions, the CPIO submitted that reply/information, as per the documents available on record has been provided to the Appellant vide their letter dated 01.08.2022. The Respondent further submitted that at the time of giving reply to the Appellant, the information sought on point no. 1 of the RTI 2 application was not traceable. But at the stage of second appeal, revised reply on point no. 1 of the RTI application was provided to the Appellant. Further, at this stage, they have collated the data related to year-wise total vacancy position.
Decision:
The Commission upon a close scrutiny of records and after hearing submissions of both the parties observes that Appellant is not satisfied with the response given by the CPIO on his RTI application. The CPIO contended that the information which is held by them in material form has already been provided to the Appellant vide their letters dated 01.08.2022 and 29.08.2022. The Commission is of the view that the information which is held by the Respondent public authority in material form has already been provided to the Appellant. The Commission is satisfied with the response given by the CPIO on the RTI application of the Appellant. Nonetheless, the Commission directs the Respondent to share complete copy of their written submissions along with annexures to the Appellant on his e-mail ID immediately after the hearing was over and also through speed post.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 3