Re: [rti4empowerment] IMPORTANT DECISION ON THE COMPLAINCE OF PROVISIONS OF SEC. 4 OF RTI ACT

It would have been much better if you had referred to directions of AD to Secy.I&B in Manoj Pai's matter.

Savbajit

On Mon, Mar 7, 2011 at 5:40 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

IMPORTANT DECISION ON THE COMPLAIANCE OF SECTION 4, SUO MOTU DISCLOSURES AND OTHER PROVISIONS OF RTI ACT FOR INFORMATION OF MEMBERS

In the Central Information Commission
at New Delhi
File No: CIC/AD/C/2010/001239
Date of Hearing : January 31, 2011
Date of Decision : January 31, 2011
Parties:
Applicant
Shri Mahendra Kumar Gupta
B205,
Plot No.11
Sahara, Sector6
Dwarka
New Delhi 110 075
The Applicant was present during the hearing.
Respondents
Prasar Bharati
All India Radio
News Service Division
New Delhi
Represented by : Shri Gita Ram, CPIO & Sr.A.O and Shri Ravinder Dutt, Head Clerk Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision In the Central Information Commission
at New Delhi
File No: CIC/AD/C/2010/001239
ORDER
Background
1. The Applicant filed an RTI application dt.24.7.10 with the CPIO, News Service Division, AIR seeking
information against 12 points including the following:
i) Whether the department has inmplemented Section 4(1) and (b) of the RTI Act requiring suo motu disclosure
ii) If so kindly inform the weblink to 17 manuals listed in the aforesaid Section of the Act.
iii) As per file noting/records, basis or grounds of not mentioning the details of First Appellate Authorities and other details in any of the reply of CPIO to him as required u/s 7(8) (i)(ii) and (iii).
iv) Whether the CPIO informs the aforesaid details to other applicants in his replies v) Whether the Department is furnishing the Annual return to the CIC every year as required u/s 25(1)(b) of the RTI Act. Etc.
Shri D.K.Das, CPIO replied on 12.8.10 furnishing point wise information. Not satisfied with the reply, the Applicant filed a second appeal dt.7.9.10 before CIC. Decision
2. During the hearing, the Appellant submitted that the intention behind filing the RTI application is to ensure that the Public Authority implements the RTI Act in the right spirit, especially section 4 .

3. The Commission after hearing the submissions of both sides directs the News Service Division to comply with the Section 4(b) of the RTI Act and to ensure that the 17 manuals are prepared separately for the News Division. The PIO to ensure compliance under the guidance and advice of the competent authority in DG:AIR, with reference to the Full Bench Decision of the Commission no. CIC/AT/D/10/000111 dt.15.11.2010. The PIO is directed to submit a Section 4 compliance report to the Commission by 10 March, 2011. Information in respect of point v of the RTI application may
also be furnished to the Appellant.

4. The PIO is also directed vide this order to ensure compliance with Section 7(8)(iii) of the RTI Act, as it has been noted that in the instant case particulars of the Appellate Authority have not been provided by the
PIO as stipulated in the Section. As for the rest of the information the same was found to have been furnished to the Appellant.
5. All information to be provided by 10 March, 2011.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Mahendra Kumar Gupta

2. The Public Information Officer
Prasar Bharati
All India Radio
News Service Division
New Delhi
3. Officer Incharge, NIC