O R D E R

Information sought:

The Appellant filed an RTI Application dated 15.07.2019 seeking information on the following two points:

1) “I want All India Radio spot light program video CD’s (Compact Discs)

from in the year (1970 to 2019).

Please send me in CD’s (compact discs) by post.

2) I want All India Radio Spot light program Xerox copies from the year (1960 to 2019.)

Please send me the Xerox copies by post.”

Shri Ranjan Gupta, Programme Executive for Dy. Director General, Prasar Bharti vide letter dated 09.08.2019, informed to the Appellant as under:

“Reference to your received vide letter No. 07/206/RTI Cell dated 20.07.2019 from Directorate General All India Radio we would like to inform you that the information sought by you is not available with us.”

Being dissatisfied, the Appellant filed a First Appeal dated 30.08.2019. The First Appellate Authority vide order dated 19.09.2019, upheld the CPIO’s reply and informed the Appellant as under:

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. Appellant requested the Commission to direct the CPIO to provide complete information sought for.

Submissions made by Appellant and Respondent during Hearing:

The Appellant did not participate in the hearing despite being served the hearing notice.

The Respondent submitted that the information sought in the instant RTI Application is not available as it is a current affair program and is not preserved in central archives.

Decision Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that under the provisions of the RTI Act only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The CPIO is not supposed to create information that is not a part of the record. The Commission, further, notes that the Hon’ble Supreme Court in its decision dated 09.08.2011 in the matter of CBSE & Anr. vs. Aditya Bandopadhyay & ors. (C.A.

No. 6454 of 2011) has held as under:

“35……… But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant……………”

Further, the Hon’ble High Court of Delhi in its judgment dated 04.12.2014 in case of The Registrar, Supreme Court of India vs. Commodore Lokesh K. Batra and Ors. W.P.(C) No. 6634/2011 held as under:

“11. Insofar as the question of disclosing information that is not available with the public authority is concerned, the law is now well settled that the Act does not enjoin a public authority to create, collect or collate information that is not available with it. There is no obligation on a public authority to process any information in order to create further information as is sought by an applicant…….”

Keeping in view the ratios in the aforesaid decisions, the Commission finds that the Respondent public authority has provided an appropriate reply to the Appellant, as per the availability of records. The Commission accordingly upholds the same.

With the above observations, the instant Second Appeal is disposed of.

Copy of the decision be provided free of cost to the parties.

The Appeal, hereby, stands disposed of.

Amita Pandove(अिमता पाडं व)

Information Commissioner(सचू ना आयु(cid:7334))

(cid:7408)दनांक / Date: 04.10.2021 Authenticated true copy (अिभ(cid:7079)मािणत स(cid:7004)यािपत (cid:7079)ित)

B. S. Kasana (बी. एस. कसाना)

Dy. Registrar (उप-पंजीयक)

011-26105027 Addresses of the parties:

1. The First Appellate Authority (FAA)

Dy. Director General, Prasar Bharati, India' Public Service Broadcaster, Central Archives, Akashvani Bhawan, Sansad Marg, New Delhi-110001

2. The Central Public Information Of