Central Information Commission
N M Sharma vs Dg All India Radio on 17 August, 2021
CIC/DGAAR/A/2019/144209
के य सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मु नरका
Baba Gangnath Marg, Munirka
नई द ल , New Delhi - 110067
वतीय अपील सं या/ Second Appeal No. CIC/DGAAR/A/2019/144209
In the matter of:
N. M. Sharma ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... तवाद गण /Respondent
Assistant Director Programme
(Music), Prasar Bharati,
India's Public Service Braodcaster,
Directorate General: All India Radio
Akashvani Bhavan, New Delhi-110001
Relevant dates emerging from the appeal:
RTI Application filed on : 02.05.2019
CPIO replied on : 08.05.2019
First Appeal filed on : 17.05.2019
First Appellate Authority order : 31.05.2019
Second Appeal Received on : 12.09.2019
Date of Hearing : 13.08.2021
The following were present:
Appellant: Shri N.M. Sharma participated in the hearing through video
conferencing from NIC Jaipur.
Respondent: Shri Naresh Kumar Malhotra, CPIO & ADP(M) participated in the
hearing upon being contacted on his telephone.
Page 1 of 4
CIC/DGAAR/A/2019/144209
ORDER
Information sought:
The Appellant filed an RTI Application dated 02.05.2019 seeking information as under:
"Central Audition Board (CAB) के वारा दनांक 11 माच, 2019 से 15 माच, 2019 तक आयोिजत संगीत वा य (Musical Instrument) के ऑ डशन बोड म कुल कतने सद य ने भाग लया, उनके नाम मय ववरण के, उपल ध कराव।"
Shri V. Mukund Sharma, CPIO/Assistant Director Programme (Music) vide letter dated 08.05.2019, informed that the total four participants and with respect to their name and address the same had been denied u/s 8(1)(g) of the RTI Act, 2005 to the Appellant. Being dissatisfied, the Appellant filed a First Appeal dated 17.05.2019. The First Appellate Authority vide order dated 31.05.2019, upheld the CPIO's reply.
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. He 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 he is not satisfied with the reply provided by the Respondent.Page 2 of 4
CIC/DGAAR/A/2019/144209 The Respondent submitted that the information sought in the instant RTI Application is exempt from disclosure under Section 8(1)(g) of the RTI Act. He further submitted that disclosure of information as sought in the instant RTI Application might endanger the life or physical safety of the concerned officials. Upon queried by the Commission as to whether the said panel created by the Respondent is a permanent panel or otherwise, he explained that the said panel keeps recurring as and when there is a requirement.
A written submission has been received by the Commission from Shri Naresh Kumar Malhotra, CPIO & ADP(M) vide letter dated 03.08.2021, wherein he has informed the Commission as under:
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that appropriate reply has been provided to the Appellant. The Commission finds no further scope of intervention in the instant matter.
With the above observations, the instant Second Appeal is disposed of.Page 3 of 4
CIC/DGAAR/A/2019/144209 Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अ मता पांडव) Information Commissioner (सूचना आयु त) दनांक / Date: 16.08.2021 Authenticated true copy (अ भ मा णत स या पत त) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) Addl. Directorate General(Music), Prasar Bharati, India's Public Service Braodcaster, Directorate General:
All India Radio Akashvani Bhavan, New Delhi-110001
2. The Central Public Information Officer, Assistnat Director Programme (Music), Prasar Bharati, India's Public Service Braodcaster, Directorate General:
All India Radio Akashvani Bhavan, New Delhi-110001
3. Shri N. M. Sharma Page 4 of 4