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2024 Supreme(Online)(CIC) 4117
CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari
Deepa Nandakumar – Appellant
Versus
Prasar Bharati Secretariat – Respondent
CIC/PBSEC/A/2023/116557
The right to information under the RTI Act is not absolute and unconditional, and the Public Authority is required to balance the public interest with the exemptions provided under the Act.
Headnote:
RTI - Doordarshan Kendra - Official Language (Hindi) Implementation - Section 8(1)(j) Exemption
Fact of the Case:
The Appellant filed an RTI application seeking information related to the implementation of the Official Language (Hindi) policy and the details of the Official Language (Hindi) officers/staff working in Doordarshan Kendra, Thiruvananthapuram. The CPIO denied the information citing Section 8(1)(j) of the RTI Act, stating that the information sought was third-party information without any public interest. The Appellant filed a first appeal, which was dismissed by the FAA. The Appellant then filed a second appeal before the Information Commission.
Finding of the Court:
The Information Commission observed that much of the information sought should have been disclosed upfront by the Public Authority as per Section 4(1)(b) of the RTI Act. The Commission also noted that the blanket denial of information under Section 8(1)(j) was not appropriate, and the claim of non-availability of records was legally flawed. The Commission directed the Respondent to revisit the RTI application and provide a revised point-wise updated reply to the Appellant as per the provisions of the RTI Act, redacting the information that is exempted from disclosure.
Issues: 1. Whether the information sought by the Appellant is exempt from disclosure under Section 8(1)(j) of the RTI Act?2. Whether the Public Authority has complied with the proactive disclosure requirements under Section 4(1)(b) of the RTI Act?3. Whether the Public Authority's claim of non-availability of records is legally valid?
Ratio Decidendi: 1. The blanket denial of information under Section 8(1)(j) is not appropriate, as the information sought is related to the implementation of the Official Language (Hindi) policy, which is a matter of public interest.2. The Public Authority is required to proactively disclose information as per Section 4(1)(b) of the RTI Act, and the denial of information on this ground is not legally valid.3. The claim of non-availability of records is legally flawed, and the Public Authority is required to provide the information to the extent it is available.
Final Decision: The Information Commission directed the Respondent to revisit the RTI application and provide a revised point-wise updated reply to the Appellant as per the provisions of the RTI Act, redacting the information that is exempted from disclosure.
ORDER
: 10.03.2023 2nd Appeal/Complaint dated : 28.03.2023 Information sought:
- The Appellant filed an RTI application dated 28.07.2022 seeking the following information:
- “1. The name, designation, group, grade & class, academic & professional qualifications, details of the in-service training while working in Doordarshan, duties and pay details including the present Pay matrix and grade pay of the Official language (Hindi) Officer / Official, working in Doordarshan Kendra, Thiruvananthapuram are required.
2. The name, designation, group, grade & class academic & professional qualifications, details of the in-service training while working in Doordarshan, duties and pay details including the present Pay matrix & grade pay of the immediate Controlling Officer / Reporting Officer and all other superior officers, coming in the hierarchy of the Official Language (Hindi) Officer / Official working in Doordarshan Kendra, Thiruvananthapuram, are required legitimate hierarchy- wise and the existing workflow- wise, separately, as on the date of reply to this RTI application.
3. The name, designation, group, grade & class, academic & professional qualifications, details of the in-service training while working in Doordarshan, duties and pay details including the present Pay matrix and grade pay of the in- charge, supervisor and the Head of the Hindi Section working in Doordarshan Kendra, Thiruvananthapuram as on the date of reply to this RTI application are required.
4. The period-wise name and designation of the Reporting Officers and Reviewing officers during the period from 16-01-2013 to 30-06-2022 for the purpose of both supervising the official work including that in the e-office system and assessing the APAR (writing CR) of the Assistant Director (OL)(i/c) working in DDK, Thiruvananthapuram are required invariably.
5. Details of the order / communication, making e-office system mandatory in Doordarshan Kendra, Thiruvananthapuram, if issued any, is required invariably with an attested copy of the relevant order.
6. Details of the order / communication banning official work in physical files in Doordarshan Kendra, Thiruvananthapuram, if issued any, is required with an attested copy of the relevant order/communication.
7. The names of sections in Doordarshan Kendra, Thiruvananthapuram where physical files are in use are required.
8. Full details including name & designation of all the officers and members of staff of the Doordarshan Kendra, Thiruvananthapuram, who have been given training to work in the e-office system are required, with full details of the training given, invariably including the duration of training, name of the training centre, name and designation of the faculty engaged for training & the training material provided to the trainees.
9. Name and Designation of all the officers / officials in Doordarshan Kendra, Thiruvananthapuram, who are working in the e-office system are required.
10. Provide full details of the basic facilities inevitably required and provided to its staff by Doordarshan Kendra, Thiruvananthapuram, including computer with internet connection, mobile Phone and scanner with the list of officers / staff members who received such facilities.
11. Provide full details of the basic facilities underlined in point no.10 above which are inevitable for working in e-office system and provided to the Assistant Director (OL)(i/c) working in Doordarshan Kendra, Thiruvananthapuram.
12. Provide the list of Officers and Staff members of Doordarshan Kendra, Thiruvananthapuram who have been issued mobile phone set by the Kendra, with full details viz., the company name, model, cost & memory of the phone set and SIM number issued to each personnel with name-wise list.
13. Alternate arrangement, if made any, by Doordarshan Kendra, Thiruvananthapuram, to open the e-office system without the OTP number (sent to mobile phone sets by the system), which is essential for opening the e-office account may be informed with full details and r
