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Decision No. CIC/SG/A/2011/002699/16350 Appeal No. CIC/SG/A/2011/002699 Relevant Facts emerging from the Appeal Appellant :
Smt. Sharmila Chowdhary All India Radio Upper Colony C Sector, Itanagar-791111 Arunachal Pradesh

Respondent

(1)

Mr. S.P. Bhatarcharya

Public Information Officer & Under Secretary Ministry of Information and Broadcasting

O/o under Secretary A wing, Shastri Bhawan New Delhi (2)

: Mr. R. K. Sharma Public Information Officer & Dy. Director Ministry of Information and Broadcasting

Broadcasting Corporation of India Directorate General: All India Radio S-VII Section New Delhi
(3) : Mr. S. K. Garg Public Information Officer & Under Secretary Ministry of Information and Broadcasting

US-BA (P), BA (P) Section A wing, Shastri Bhawan New Delhi RTI application filed on PIO replied First appeal filed on First Appellate Authority order Second Appeal received on
:

: : : :

08/11/2010 01/12/2010, 20/12/2010 and 20/01/2011 24/12/2010, 18/03/2011 15/04/2011 13/06/2011

Sl. Information Sought 1. Provide the certified copy of the specific page of Government of Indias order/Rule/document, where it has stated that the Prasar Bharti Scale will have to be ignored and thus they (those who are drawing Prasar Bharti Scale since 1996) become eligible for grant of benefit of MCAP.

Reply of the PIO MACP has not been given by the government whereas Prasar Bharti have granted MACP to its employees of their own without the approval of Ministry of I&B and Ministry of finance. The RTI application has been transferred to DG: AIR for this point. The decision to grant MACP to Transmission Executives (the cadre being dealt by this section) has been taken in the Directorate. If the Appellant wants the copy of the relevant file noting which runs into 29 pages can be

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obtained by remitting Rs. 58/- at the rate of Rs. 2/-per page by IPO/Bank Draft in favor of Prasar Bharti, Broadcasting Corporation of India, Directorate General: All India Radio, New Delhi. Furnish/provide the specific Rule/order of A copy of M/o Finance O.M. No. Government of India with documentary proof under 35034/3/2008-Estt. (D) Dated 19/5/2009 which Sh. S.P. Sharma, Under Secretary (BAE) of regarding MACP is enclosed. Ministry of I & B has mentioned in above quoted file noting that the Prasar Bharti Pay Scale of Production Assistant & Floor Manager shall have to be ignored and this they become eligible for grant of benefit of MCAP. So taken into Public Interest uppermost, please may The point does not relate to M/o I&B state/provide/furnish the actual fact/reason specified under purview of Government of Indias Rule and Regulation under which the public Authority of DOP & T knowingly avoided to give any attention on the DOP & Ts query in file noting of Ministry of I & B as stated above. Provide/furnish the specific Rule/clause of MACPS The RTI application has been transferred to with specific supporting documents under which Sh. DG: Doordarshan for this point. S.P. Sharma, Under Secretary (BAE) of Ministry of I&B had recommended in file noting for consideration that DG, Doordarshan may take decision to grant MACP in the cases of production Assistant & Floor Manager on the same line as the DG, AIR has already granted MACP to Programme Executive and other cadres who were granted one upgraded scale over recommendation of the 5th Pay Commission without consultation of Ministry of I&B. Provide information about specific procedure of 6th This point is related to BA(P) Section of the CPC under which Ministry of I & B will identify the Ministry and the RTI application has been pay scale of Head Clerk, Administrative Officer and transferred to BA(P) Section for this point. Senior Administrative Officer of Prasar Bharti in 6th CPC because in according to the concept/view/guiding principle of file noting of Sh. SP Sharma Under Secretary (BAE) of Ministry of I&B, the Pay Scale of Head Clerk, Administrative Officer and Senior Administrative Officer of Prasar Bharti has been clubbed in a common scale as Rs. 9300-34800/- except the different of grade pay. Provide the certified copy of the letter which have Ministrys letter no. 503/15/2009-BA(E) put-up on 16/08/2010 for approval (as per file noting dated 17/08/2010 is enclosed. page No. 11 of file no. 503/15/2009-BA(E) maintained by the Ministry of I&B.

Grounds for the First Appeal: Incomplete and unsatisfactory information provided by the PIO. Order of the First Appellate Authority (FAA): The FAA disposed off the appeal and directed the Sh. AK Lal, CPIO SVII Section DG: AIR to forward a copy of the application and appeal to the M/o I&B with the request to provide the requisite information directly to the

Applicant as the file no. 503/15/2009-BA (E) as referred in the point no. 1 of the application is maintained by M/o I&B and there is no government of Indias order/rule/document available with this Directorate as asked for by the Applicant. Grounds for the Second Appeal:

Incomplete and unsatisfactory information provided by the PIO despite the order of the FAA. Relevant Facts emerging during Hearing:
The following were present

Appellant: Mr. Manoj Chaudhory representing Smt. Sharmila Chowdhary on video conference from NIC-Itanagar Studio; Respondent: Mr. S.P. Bhatarchaya, Public Information Officer & Under Secretary; Mr. R. K. Sharma, Public Information Officer & Dy. Director and Mr. S. K. Garg, Public Information Officer &
Under Secretary;

The PIO states that he has provided most of the information but is now directed to provide the following information: 1Query-2: Whether there is a specific rule for ignoring the Prasar Bharti pay scale for the purpose for granting MACP benefit. If there is such a rule it will be provided if there is no such rule this should be stated. 2Query-4: The PIO will give an attested copy of the letter sent by Ministry to Doordarshan regarding taking a decision to grant MACP to production assistants and floor managers of Doordarshan on the line it has been taken in DG-AIR. If there is any file noting giving the basis on which this letter was issued this should be provided.

Decision: The Appeal is allowed. The PIO Mr. Bhatarcharya is directed to provide the information as directed above to the Appellant before 30 December 2011.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi Information Commissioner 15 December 2011

(In any correspondence on this decision, mention the complete decision number.) (IN)