Central Information Commission
Mr.Rishi Kumarsingh vs Ministry Of Information And ... on 22 April, 2010
Central Information Commission
CIC/AD/A/2010/000020
Dated April 22, 2010
Name of the Applicant : Shri Rishi Kumar Singh
Name of the Public Authority : BECIL, New Delhi
Background
1. The Applicant filed his RTI application dt.9.4.09 with the PIO, M/o Information and Broadcasting requesting for information against 17 points with regard to filling up of various vacant posts by BECIL in the Ministry. Shri Dilbag Singh, CPIO, EMMC replied on 14.5.09 providing information against points 12 to 17 and added that information against points 1 to 11 pertain to BECIL. Shri M.M.Sharma, Dy. Manager (Fin & Admin), BECIL replied on 26.5.09 providing information against 1 to 4, 9 to 11 and 15 to 17 and adding that information against points 5 to 8 pertain to Prasar Bharati and 12 to 14 pertain to EMMC. The Applicant filed an appeal dt.24.7.09 with the Appellate Authority, Prasar Bharati requesting for information against points 5 to 8. On not receiving any reply, he filed an appeal dt.12.11.09 before CIC reiterating his request for information against points 5 to 8.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on April 22, 2010.
3. Shri J.P.Nathani, PIO, Shri Akash Luxman, Appellate Authority, Shri Govind Singh, Project Manager and Ms.Sadhana Kaushal represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent from BECIL submitted that BECIL is a PSU and only provides media professionals as outsourced/contractual staff for Prasar Bharati and for the Electronic Media Monitoring Centre and hence no vacant posts are filled by such professionals provided by BECIL. Explaining the process by which the contractual staff are provided, the Respondent stated that responding to the requests from Prasar Bharati and from EMMC is a continuous activity and that the application form for professionals to register themselves with BECIL is always available on the website. Whenever any request is received from Prasar Bharati or from EMMC, candidates are short listed by BECIL at first and then based on an interview comprising two experts from outside and officials from Prasar Bharati or EMMC besides those from BECIL the candidates are selected for a particular job which normally lasts for around 3 months. The period is further extendable, if required, based on the performance.
6. The Commission after hearing the submissions made and on review of the replies furnished holds that complete information has been provided by both BECIL and EMMC against points 1 to 4, 12 and 17 and that information sought against point 15 does not fall under the definition of information as given u/s 2(f) of the RTI Act. The Commission also holds that information sought against point 16 indeed falls in the public domain and hence can be provided and directs the PIOs BECIL and EMMC to provide complete information against this point. With regard to points 9 to 11, while noting the fact that BECIL does not provide manpower against vacant posts, the Commission directs the PIO to allow inspection of records and provide the Appellant with copies of any documents he requires related to the contractual staff provided by BECIL. Information to be provided by 25.5.10.
7. The Commission also directs the PIO, M/o Information and Broadcasting to confirm to the Commission whether information has been provided or not against points 5 to 8(as submitted by the Respondents during the hearing) to the Appellant, by 22.5.10, under intimation to the Appellant. If information has not been provided, the same may be provided by 22.5.10 and the PIO also to show cause as to why a penalty of Rs.250/ per day (Maximum Rs.25000) should not be levied on him for not responding to the RTI application within the stipulated time as prescribed in the Act. He is directed to submit his written response so as to reach the Commission by 22.5.10.
8. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy. Registrar Cc:
1. Shri Rishi Kumar Singh C/o Shri Jaspal Singh Siddhu A4/5, Sector18 Rohini New Delhi 110 089
2. The PIO Broadcast Engineering Consultants India Ltd.
14B, Ring Road Indraprastha Estate New Delhi 110 002
3. The Appellate Authority Electronic Media Monitoring Centre 14B, Ring Road Indraprastha Estate New Delhi
4. The PIO M/o Information and Broadcasting Shastri Bhawan New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC