TMI Blog2018 (8) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 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. Thus, it is evident that a sketchy information as available on its website had been furnished by the Respondent. However, it is appalling to learn that an important, significant and critical area concerning the implementation of GST Network still required streamlining and consolidation which needs to be attended to forthwith in the larger public interest. Appeal disposed off. - Appeal No.:-CIC/DOREV/A/2017/167279-BJ - - - Dated:- 21-2-2018 - Mr. Bimal Julka, Information Commissioner For The Appellant : Mr. R. K. Jain For The Respondent : Mr. M. Shadaab, AVP-Legal ORDER FACTS: The Appellant vide his RTI application sought information on 03 points and its sub points regarding the certified copies of the note sheets of the file mentioned in the RTI application for the period from 01.01.2013 till the date of providin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had provided the initial information had since quit the service and that a total number of approximately 1200 employees were 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 Similarly, the Hon ble Delhi High Court in the case of The Registrar Supreme Court of India v. Commodore Lokesh K. Batra Ors LPA 24/2015 CM No. 965/2015 held as under:- 15. On a combined reading of Section 4(1)(a) and Section 2(i), it appears to us that the requirement is only to maintain the records in a manner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essible and to the extent possible should be in electronic format with the Central Public Information Officer or the State Public Information Officer, as the case may be. The word disseminate has also been defined in the explanation to mean - making the information known or communicating the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet, etc. It is, therefore, clear from a plain reading of Section 4 of the RTI Act that the information, which a public authority is obliged to publish under the said section should be made available to the public and specifically through the internet. There is no denying that the petitioner is duty bound by virtue of the provisions of Section 4 of the RTI Act to publish the information indicated in Section 4(1)(b) and 4(1)(c) on its website so that the public have minimum resort to the use of the RTI Act to obtain the information. Furthermore, High Court of Delhi in the decision of General Manager Finance Air 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information. Therefore, the RTI Act seeks to harmonize these conflicting interests while preserving the paramount nature of democratic ideals. Moreover, the DoP T vide its O.M no. 1/6/2011-IR dated 15.04.2013 had issued a memorandum regarding the guidelines for implementation of suo moto disclosure of Section 4 of the RTI Act,2005 by the Public Authorities. Furthermore, DoP T vide its another O.M no. 1/6/2011-IR dated 22.09.2014 issued guidelines for the Public ..... X X X X Extracts X X X X X X X X Extracts X X X X
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