2015 (7) TMI 1089 - Commission - Indian Laws

Non furnishing of name and designation of officers responsible for timely uploading of Central Excise and Customs and Service Tax notification and circulars on the official website of the C.B.E. & C. - Held that - The FAA has admitted that he had overlooked the fact that the CPIO had not furnished the name and designation of the officer responsible for timely uploading of Central Excise and Customs and Service Tax notifications and circulars on official website of the C.B.E. & C. In view of this the Commission finds that technically there is no legal flaw in the order of FAA and hence it is legally tenable. In view of this no interference with order of FAA is required. We would, however like to suggest that the FAA should as far as possible prescribed a time limit for providing information. The Commission also directs the CPIO to furnish the name and designation of officers responsible for timely uploading of Central Excise and Customs and Service Tax notification and circulars on the official web-site of the CBE & C to the appellant by 15-7-2015.

Summary

Issues:
- Failure to provide complete and accurate information under the Right to Information Act, 2005.
- Oversight in furnishing the name and designation of officers responsible for timely uploading of notifications and circulars on the official website.
- Lack of prescribed time limit for providing information by the First Appellate Authority (FAA).

Analysis:
1. Failure to Provide Complete Information: The appellant filed an application seeking specific details regarding notifications, circulars, and actions taken against officials for delayed uploading of information on the official website. The Central Public Information Officer (CPIO) provided a point-wise reply but was deemed unsatisfactory by the appellant, leading to an appeal before the FAA. The FAA directed the CPIO to provide additional details, but the appellant was still dissatisfied, resulting in a second appeal before the Commission.

2. Oversight in Furnishing Officer Details: During the hearing, it was acknowledged that the CPIO had overlooked providing the name and designation of officers responsible for timely uploading of notifications and circulars. The Commission found no legal flaw in the FAA's order but suggested prescribing a time limit for providing information. The CPIO assured to furnish the required information by a specified date, resolving the oversight issue.

3. Lack of Prescribed Time Limit: The Commission emphasized the importance of setting a time limit for providing information under the RTI Act. While no interference with the FAA's order was deemed necessary in this case, the Commission directed the CPIO to provide the necessary officer details to the appellant by a specified date, ensuring compliance with the transparency requirements of the Act.

In conclusion, the judgment addressed the issues of incomplete information disclosure, oversight in providing officer details, and the importance of setting time limits for information provision under the RTI Act. The decision highlighted the need for transparency and accountability in public offices, emphasizing the obligation to furnish accurate and timely information to citizens seeking access under the Act.