LODGE FRESH FIR, FILE FRESH AFFIDAVIT, COMPENSATE APPELLANT, ISSUE STRICT WARNING TO THE STATEE – ORDER CIC TO ALL INDIA RADIO. NEW DELHI.
M K Gupta
After the sacking of its CEO, B. S. Lalli, Prasar Bharati has received one more appalling order this time from the Central Information Commission 8.2.2011 has ordered on 8.2.20110 to News Service Division of All India Radio, New Delhi to file fresh affidavit and also register an FIR again in respect of missing file and documents, as was stated by the D.K. Das, CPIO (Now Retired). Mrs. Annapurna Dixit, Central Information Commissioner has given these direction in the case of Mahendra Kumar Gupta, a resident of Sector 6, Dwarka, New Delhi. Gupta was working as temporary with the News Service Division of All India Radio, New Delhi. He said that he filed some RTI applications with the Department and alleged that he has been removed for filling the applications. When the CIC compelled the AIR to give information for the reasons of his removal, in a noting of September, 2008 sent to the applicant, Jt. Director (NR), AIR said that his (applicant) bonafides are doubtful, Hence such a persons cannot be put on Duty. When he asked to substantiate this, CPIO first stated that documents are not readily traceable and after that he said that these are missing/ lost during the shifting of office which took place in March, 2007. Though, in the start, different reasons for the removal of applicant were given including that he does not deserve for the post or does not operate computer properly though he was working there as temporary for the last six years. In the order, Commission said that the CPIO has failed to issue the show cause notice to the officers responsible for the lapse and delay in action. On the CIC order to lodge an FIR by the end of September, 2010, the same was lodged on 25.11.2010 and in the FIR, the date of occurrence (missing the documents/ file) was stated as on 22nd Sept. 2010 while in the affidavit, it was informed that the document were lost on a much earlier date.
CIC has directed the new CPIO to submit a fresh affidavit giving the exact and correct information, file a fresh and appropriate FIR again for the loss of file/ documents and pay a compensation of Rs. 7,000/- to the applicant for the detriment/ mental harassment suffered by him and for deprivation of his fundamental Right to Information. Mrs. Dixit, Information Commission also said that in view of the fact that the CPIO has retired, no penalty proceeding can be initiated and the case does not merit invocation of Rule 8 or Rule 9 of the CCS (Pension) Rules. Information Commissioner also directed the All India Radio to give strict warning to all the staff who are found even indirectly connected with the case about the need for ensuring strict compliance with the Commission's order and to provide all information and compensate the applicant by 20.3.2011.
The applicant has served a notice on 9th Febrabury to Shri J. C. Pandey, Jt. Director (NR) (Retd.) of the NSD, All India Radio to inform the basis of the remarks about his bonafides and intimated him that in the absence of a reply within a month, he will be constraint to file a case for such contemptuous and defamatory remarks. Now, the Deptt. is not co-operating with Police in finding out the lost file. AIR has intimated the Police about the loss on 21st Sept. but has not replied to the letter dated 6th Oct. by Shri Inder Pal Singh, Investigtion Officer, as intimated by the CPIO, Delhi Police inhis reply of 15th December. 10. Shri Gita Ram, CPIO in his letter dated 5th January, 11 has also refused to intimate about the receipt of the letter or about any reply given to the Police.
(Case No. CIC/AD/A/2010/000144 – decision available on CIC's website on 8.2.2011).
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