2016 (1) TMI 1136 - HC - Indian Laws

Right to information - public interest litigation - the appellate authority submits except forwarding copy of the representation given to the Excellency Governor of West Bengal no pertinent materials have been furnished in accordance with the procedure - Held that - To the extent of section 4(1)(b) there is an obligation on the respondent authorities to put it on the website the details contained in sub-Section (b) of Section 4(1). It is also pertinent to mention that if such website is not available, it is open to the applicant to make an application seeking specific details and not a general application. If such information which is required to be maintained in registers and official records is asked, the authorities are bound to furnish such information. If information is not furnished then an appeal can also be filed under the enactment in accordance with the procedure. In the view of the matter, we dispose of the writ petition directing the petitioner to approach the authorities concerned in proper application seeking definite details and not an abstract application. We also make it clear that respondent authorities are under an obligation so far as the Section 4(1)(b) to create a website and furnish the details as envisaged under Section 4(1)(b) of the Act within the time frame.

Summary

Issues:
Non-compliance with Section 4 of the Right to Information Act by the respondent authorities.

Analysis:
The petitioner filed a public interest litigation alleging that the respondent authorities failed to comply with Section 4 of the Right to Information Act. Section 4(1) of the Act mandates every public authority to maintain records in a manner facilitating access to information and publish specific details within a specified time frame. The petitioner contended that the respondent authorities did not fulfill the requirements of Section 4, leading to the filing of the litigation.

The petitioner highlighted that despite the existence of a website for the respondent authorities, it did not contain all the necessary information as required by Section 4(1) of the Act. Moreover, after the petitioner sent an application, the website was removed, further complicating access to information. Section 4(1) is divided into two parts, (a) and (b), with specific obligations for publication and maintenance of information. The petitioner emphasized that the respondent authorities failed to comply with the provisions of Section 4(1), necessitating the public interest litigation.

The Court acknowledged the obligations outlined in Section 4(1)(b) for the respondent authorities to publish the required details on their website within the specified time frame. Additionally, the Court clarified that in the absence of a website, applicants could seek specific information through a formal application rather than a general request. If the requested information is not provided, the authorities are obligated to furnish the details, failing which an appeal can be filed following the prescribed procedure.

The appellate authority, represented by learned counsel, admitted to only forwarding a copy of the representation to the Governor of West Bengal without providing substantial materials as per the procedure. Consequently, the Court disposed of the writ petition, directing the petitioner to approach the relevant authorities with a specific application seeking definite details instead of a vague request. Furthermore, the Court explicitly instructed the respondent authorities to establish a website and publish the requisite information in accordance with Section 4(1)(b) of the Act within the stipulated time frame.

In conclusion, the Court emphasized the importance of compliance with Section 4 of the Right to Information Act, ensuring transparency and accessibility of information to the public. The judgment underscored the obligations of public authorities to maintain records, publish essential details, and facilitate access to information as mandated by the Act.