Cic Decision on Prasar Bharti Scale.1

8/3/2019 Cic Decision on Prasar Bharti Scale.1

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CENTRAL INFORMATION COMMISSIONClub Building (Near Post Office)

Old JNU Campus, New Delhi - 110067Tel: +91-11-26161796

Decision No. CIC/SG/A/2011/002699/16350Appeal No. CIC/SG/A/2011/002699

Relevant Facts emerging from the Appeal

Appellant : Smt. Sharmila ChowdharyAll India Radio Upper ColonyC Sector, Itanagar-791111Arunachal Pradesh

Respondent (1) : Mr. S.P. BhatarcharyaPublic Information Officer & Under Secretary

Ministry of Information and Broadcasting

O/o under SecretaryA wing, Shastri BhawanNew Delhi

(2) : Mr. R. K. SharmaPublic Information Officer & Dy. Director

Ministry of Information and Broadcasting

Broadcasting Corporation of India

Directorate General: All India RadioS-VII SectionNew Delhi

(3) : Mr. S. K. Garg

Public Information Officer & Under SecretaryMinistry of Information and Broadcasting

US-BA (P), BA (P) SectionA wing, Shastri BhawanNew Delhi

RTI application filed on : 08/11/2010PIO replied : 01/12/2010, 20/12/2010 and 20/01/2011

First appeal filed on : 24/12/2010, 18/03/2011

First Appellate Authority order : 15/04/2011Second Appeal received on : 13/06/2011

Sl. Information Sought Reply of the PIO

1. Provide the certified copy of the specific page ofGovernment of Indias order/Rule/document, whereit has stated that the Prasar Bharti Scale will have tobe ignored and thus they (those who are drawingPrasar Bharti Scale since 1996) become eligible forgrant of benefit of MCAP.

MACP has not been given by the governmentwhereas Prasar Bharti have granted MACP toits employees of their own without theapproval of Ministry of I&B and Ministry offinance. The RTI application has beentransferred to DG: AIR for this point.

The decision to grant MACP to TransmissionExecutives (the cadre being dealt by thissection) has been taken in the Directorate. Ifthe Appellant wants the copy of the relevantfile noting which runs into 29 pages can be


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obtained by remitting Rs. 58/- at the rate ofRs. 2/-per page by IPO/Bank Draft in favor ofPrasar Bharti, Broadcasting Corporation ofIndia, Directorate General: All India Radio,New Delhi.

2. Furnish/provide the specific Rule/order ofGovernment of India with documentary proof underwhich Sh. S.P. Sharma, Under Secretary (BAE) ofMinistry of I & B has mentioned in above quoted file

noting that the Prasar Bharti Pay Scale of ProductionAssistant & Floor Manager shall have to be ignoredand this they become eligible for grant of benefit ofMCAP.

A copy of M/o Finance O.M. No.35034/3/2008-Estt. (D) Dated 19/5/2009regarding MACP is enclosed.

3. So taken into Public Interest uppermost, please maystate/provide/furnish the actual fact/reason specifiedunder purview of Government of Indias Rule andRegulation under which the public Authority of DOP& T knowingly avoided to give any attention on theDOP & Ts query in file noting of Ministry of I & Bas stated above.

The point does not relate to M/o I&B

4. Provide/furnish the specific Rule/clause of MACPSwith specific supporting documents under which Sh.S.P. Sharma, Under Secretary (BAE) of Ministry ofI&B had recommended in file noting forconsideration that DG, Doordarshan may takedecision to grant MACP in the cases of productionAssistant & Floor Manager on the same line as theDG, AIR has already granted MACP to ProgrammeExecutive and other cadres who were granted oneupgraded scale over recommendation of the 5 th PayCommission without consultation of Ministry of

I&B.

The RTI application has been transferred toDG: Doordarshan for this point.

5. Provide information about specific procedure of 6 th

CPC under which Ministry of I & B will identify thepay scale of Head Clerk, Administrative Officer andSenior Administrative Officer of Prasar Bharti in 6th

CPC because in according to theconcept/view/guiding principle of file noting of Sh.SP Sharma Under Secretary (BAE) of Ministry ofI&B, the Pay Scale of Head Clerk, AdministrativeOfficer and Senior Administrative Officer of PrasarBharti has been clubbed in a common scale as Rs.

9300-34800/- except the different of grade pay.

This point is related to BA(P) Section of theMinistry and the RTI application has beentransferred to BA(P) Section for this point.

6. Provide the certified copy of the letter which haveput-up on 16/08/2010 for approval (as per file notingpage No. 11 of file no. 503/15/2009-BA(E)maintained by the Ministry of I&B.

Ministrys letter no. 503/15/2009-BA(E)dated 17/08/2010 is enclosed.

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 ofthe application and appeal to the M/o I&B with the request to provide the requisite information directly to the


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

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 followinginformation:

1- Query-2: Whether there is a specific rule for ignoring the Prasar Bharti pay scale for thepurpose for granting MACP benefit. If there is such a rule it will be provided if there is no suchrule this should be stated.

2- Query-4: The PIO will give an attested copy of the letter sent by Ministry to Doordarshanregarding 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 thebasis 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 GandhiInformation Commissioner

15 December 2011(In any correspondence on this decision, mention the complete decision number.) (IN)

Documents

Cic Decision on Prasar Bharti Scale.1