Refusing information about documents not confiscated by CBI

Background

The appellant sought various information regarding the approved folk artist in the Akashwani Shahdol office, like the name, tenure, recording details, the fee paid for each recording, details about the voice inspection done etc. She also wanted the information regarding the expenditure of transport, medical, LTC, overtime and transfer from March 2006 to April 2010. The Public Information Officer (PIO) refused the information claiming that all the related documents were confiscated by CBI. For the information regarding the expenditure of transport, medical, LTC, overtime and transfer he asked the appellant to specify the name of the particular officer as there were different wings working in Akashwani, Shahdol according to which officers/employees were transferred.

View of CIC

The appellant submitted that the file relating to only one artist was confiscated by CBI and the information relating to balance 59 artists were available in the office and the PIO has refused to provide information about all the artists claiming that the files are with CBI. The Central Information Commission directed the PIO to provide the information regarding all the 59 artists whose records were available The Commission further observed that the then PIO was guilty of not furnishing complete information within the time specified under section 7 (1) of the RTI Act and hence attracts the penal provisions of Section 20 (1). A show cause notice was issued to PIO to explain why penalty should not be levied on him.

Citation: Mr. G. P. Yadav v. Prasar Bharti, Akashwani in File No. CIC/SG/A/2012/000217/17660