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2018 (8) TMI 1070

e date of providing information - It was articulated by the Respondent that they had observed the provisions of Section 4 of the RTI Act, 2005 and that necessary disclosures were made on their website - Held that:- The Commission observed that a voluntary disclosure of all information that ought to be displayed in the public domain should be the rule and members of public who having to seek information should be an exception. An open government, which is the cherished objective of the RTI Act, can be realised only if all public offices comply with proactive disclosure norms. Section 4(2) of the RTI Act mandates every public authority to provide as much information suo-motu to the public at regular intervals through various means of communic .....

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t them for violation of Section 4 of the Act, the list of the said files and issues related thereto. The CPIO vide its letter dated 19.05.2016 provided a point wise reply to the Appellant. Dissatisfied by the reply of the CPIO, the Appellant approached the FAA. The FAA vide its order dated 29.07.2016 rejected the contention of the Appellant raised in his First Appeal. HEARING: Facts emerging during the hearing: The following were present: Appellant: Mr. R. K. Jain; Respondent: Mr. M. Shadaab, AVP-Legal; The Appellant reiterated the contents of his RTI application and stated that a sketchy information was furnished to him in an important and sensitive subject matter like GSTN. It was further articulated that the FAA had also dealt with the w .....

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ere in the Company managing the entire network. It was articulated by the Respondent that they had observed the provisions of Section 4 of the RTI Act, 2005 and that necessary disclosures were made on their website. In this context, the Commission referred to the decision of the Hon ble Supreme Court in the matter of Civil Appeal no. 6454 of 2011 Central Board of Secondary Education and Anr. Vs. Aditya Bandopadhyay and Ors. which held as under: 35…... 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. A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions&hellip .....

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nd 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........ However, the Commission observed that a voluntary disclosure of all information that ought to be displayed in the public domain should be the rule and members of public who having to seek information should be an exception. An open government, which is the cherished objective of the RTI Act, can be realised only if all public offices comply with proactive disclosure norms. Section 4(2) of the RTI Act mandates every public authority to provide as much informati .....

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India Ltd & Anr v. Virender Singh, LPA No. 205/2012, Decided On: 16.07.2012 had held as under: 8. The RTI Act, as per its preamble was enacted to enable the citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. An informed citizenry and transparency of information have been spelled out as vital to democracy and to contain corruption and to hold Governments and their instrumentalities accountable to the governed. The said legislation is undoubtedly one of the most significant enactments of independent India and a landmark in governance. The spirit of the legislation is further evident from various provisions thereof .....

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912 and 3137 of 2011 decided on 01.07.2011 held as under "The RTI Act is an Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. The preamble of the RTI Act itself refers to this aspect and the constitutional principles enshrined in several articles of the Constitution. It is very clearly postulated that democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold the Governments and their instrumentalities accountable to the governed. The revelati .....

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authority to take such steps as may be necessary for compliance of provisions of the Act; and, d) and is to, under Section 25 of the Act prepare annual report on the implementation of the provisions of the Act. The CIC thus, besides the adjudicatory role also has a supervisory role in the implementation of the Act. Therefore, keeping in view the supervisory powers of the Commission u/s 25(4) of the RTI Act, 2005, the Commission advises the Respondent to suo motu disclose the information sought by the Complainant in compliance with Section-4 of the RTI Act, 2005 to ensure transparency, objectivity and accountability in the functioning of the Public Authority. DECISION Keeping in view the facts of the case and the submissions made by both th .....

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