NEW DELHI: AK Jain, the beleaguered Member (Finance) in the Prasar Bharati Board, has sought protection against his victimisation by the Board for pointing out irregularities in the functioning of the pubcaster.

Jain made this plea when he had been summoned to tender evidence in the inquiry being conducted by the Supreme Court into the functioning of former CEO BS Lalli.

The inquiry is being conducted in the Registry of the apex court which has already heard evidence of Member (Personnel) and is currently hearing the evidence being tendered by some personnel dealing with Sports. It is learnt that Jain placed documents on record to show financial and administrative irregularities on various issues.

The five allegations established by Central Vigilance Commission relate to contracts for management of advertisement revenue arising from the telecast of cricket matches on Doordarshan during 2007; the non-telecast by Doordarshan of T-20 cricket World Cup matches held in South Africa in September 2007; engagement of legal entities to represent Prasar Bharati; purchase of Radio Broadcasting Rights for 13 cricket series held during 2007-09; and hiring of transport and accommodation for the conduct of the Commonwealth Youth Games in Pune in 2008.

Lalli had been suspended on 22 December 2010 following a detailed inquiry by a Supreme Court judge into financial irregularities by him.

President Pratibha Devisingh Patil gave her approval on 21 December 2010 to a reference in this regard sent by the Information and Broadcasting Ministry through the Prime Minister?s office. The President had earlier the same month accepted a reference from the Prime Minister for an inquiry against Lalli, and directed that a Supreme Court judge be appointed for this purpose.

Lalli, who became CEO in December 2006, is a 1971 batch officer of the Indian Administrative Service from Uttar Pradesh. He had succeeded KS Sarma, who had completed his term in June 2006.

NEW DELHI: The report of the Central Vigilance Commission on former Prasar Bharati CEO B S Lalli should be made public before 29 February, the Central Information Commission has said in a direction to the government.

The report which gave details of alleged irregularities in awarding telecast rights and financial mismanagement among others has never been disclosed by the Information and Broadcasting Ministry saying the disclosure would impede the process of investigation.

However, the Ministry had in November 2010 disclosed the five out of seven alleged financial and administrative irregularities of which Lalli had been accused. The CVC had probed the matter on the directive of the Delhi High Court in 2009.

The five allegations established by CVC relate to contracts for management of advertisement revenue arising from the telecast of cricket matches on Doordarshan during 2007; the non-telecast by Doordarshan of T-20 cricket World Cup matches held in South Africa in September 2007; engagement of legal entities to represent Prasar Bharati; purchase of Radio Broadcasting Rights for 13 cricket series held during 2007-09; and hiring of transport and accommodation for the conduct of the Commonwealth Youth Games in Pune in 2008.

The directive by the CIC relates to an RTI applicant Aseem Takyar who had sought to know from the Ministry the reports of CVC and Comptroller and Auditor General (CAG) against Lalli. The Ministry had said, "information sought vide your application relates to the matter which is under investigation and furnishing of information would impede the process of investigation and hence the information was denied under Section 8(1)(h) of the RTI Act".

The section allows withholding of information which would impede the process of investigation or apprehension or prosecution of offenders by a government department.

Rejecting the arguments of the Ministry, Information Commissioner Shailesh Gandhi said, "The Respondent (Ministry) has not given any justification or reasoning how disclosing the information would impede the process of investigation."

"Denial of a citizen?s fundamental right must be justified and the mere act of continuing an investigation cannot be used to deny citizens? rights. In view of this, the Commission does not accept the denial of information under Section 8(1)(h) of the RTI Act," Gandhi said.

NEW DELHI: While reiterating that a comprehensive bill is being brought to amend the Prasar Bharati (Broadcasting Corporation of India) Act 1995 to ensure smoother functioning, the Government has made it clear that this was not aimed at curbing the powers of the chief executive officer.

Information and Broadcasting Ministry sources admitted to indiantelevision.com, however, that the move towards amending the Bill was based on the recommendations of the V K Shunglu Committee which had studied the Commonwealth Games scam relating to outsourcing the telecasts and the recommendations of the Group of Ministers in this regard.

The Government had in October planned to bring forward the amendments in the form of an Ordinance, but had decided to hold it back in view of the amendment in the Act to treat all employees in service as on 5 October 2007 as deemed employees. Furthermore, it was felt that there should be greater inter-ministerial discussion on all aspects before the comprehensive amendments are brought forward.

Information and Broadcasting Minister Ambika Soni during the discussion on the Prasar Bharati (Amendment) Bill in Parliament had assured that a comprehensive legislation would be forward as early as possible.

The Ministry has done a comprehensive review of the provisions of the Prasar Bharati Act and has recommended certain amendments to the Act, which have been approved by the Law Ministry.

Acting against the then CEO BS Lalli had proved to be a long process with the Ministry approaching the President through the Prime Minister and the apex court appointing a Judge to probe the charges.

The amendments also aim at simplifying this process and by instituting a three-member panel comprising the Vice -President, Chairman of the Press Council of India and a nominee of the government, currently responsible for appointments of top officials ? to take action in such cases.

Inefficiency, indiscipline and misbehaviour are also sought to be added as grounds for removal of a CEO, or the DGs of All India Radio and Doordarshan, apart from the permanent members of the Prasar Bharati Board.

The GoM in particular made recommendations regarding the relationship between the Government and Prasar Bharati and the CEO and the Prasar Bharati Board.

Not merely that, but the GoM had also recommended addition of two more permanent members: Member (Technical) and Member (Marketing).

Earlier last year, the GoM also studied the recommendations of a Committee of four joint secretaries on disparity in pay scales of Prasar Bharati employees and also made some recommendations with regard to the waiver of some dues from Prasar Bharati. The Committees for studying the amendments to the Act and the pay scale anomalies had been formed by the GoM headed by P Chidambaram in June 2010.

The GoM had also given its recommendations on the Prasar Bharati Board?s proposal that the Government should meet 100 per cent of the expenses on salaries and allowances of the employees and 50 per cent of operating expenses of Prasar Bharati, while the pubcaster will meet the balance 50 per cent of the operating expenses.

The existing provision requires Prasar Bharati to generate at least 50 per cent of its operating expenses as commercial revenue.

The GoM wanted an amendment in Section 11 of the Act to settle issues regarding various categories of employees in the pubcaster. I had also felt that 3452 essential posts should be filled immediately.

It wanted restoration of Section 22 to provide for income tax exemption. Loans provided by the Government should be converted into grants-in-aid, the GoM said.

There was also a proposal for a complete waiver of the accumulated arrears of space segment and spectrum charges of the pubcaster up to 31 March 2011. While All India Radio owed Rs 2.111.1 billion, Doordarshan owed Rs 10.9391 billion on account of Space segment and Spectrum Charges. (AIR and DD owe Rs 324 million and Rs 4.4728 billion as spectrum charges respectively. Similarly, DD and AIR have to pay Rs 6.4663 billion and Rs 1.7871 billion as Space Segment charges.)

However, a Parliamentary Committee had recently deplored the fact that neither the Parliamentary Committee nor the Broadcasting Council envisaged in the Prasar Bharati (Broadcasting Corporation of India) Act 1990 have been constituted even 15 years after the Act came in force in 1997.

The Standing Committee for Communications and Information Technology deplored the fact that even in the amendments to the Act placed before the Group of Ministers, there is no mention of either setting up these two bodies or deleting the sections relating to them in the original Act.

The Sengupta Committee report of August 1996 and the Narayanmurthy Committee Report of 20 May 2000 had said there is no need for these provisions in the light of Standing and Consultative Committees of Parliament.