2014 (1) TMI 306 - CGOVT - Indian Laws

Right to information - Personal hearing - Held that - every public authority is required to take steps in accordance with the requirements of clause (b) of sub-Section 4(1) to provide as much information suo motu to the public at regular intervals through various means of communication, including internet, so that the public have minimum resort to use the Act to obtain information. Accordingly, the First Appellate Authority directed the CPIO to place information regarding incumbency position in the website and update the information periodically - Decided in favour of appellant.

Summary

Issues:
1. Compliance with Section 4 of the RTI Act regarding proactive disclosure.
2. Provision of information on vacancies under the jurisdiction of Ad-I Section.
3. Requirement to voluntarily disclose certain categories of documents under Section 4(1)(b)(vi) of the RTI Act.

Analysis:
1. The appellant, Shri R.K. Jain, sought information regarding proactive disclosure as per Section 4 of the RTI Act. The CPIO responded to the application by providing some information but stated that the vacancy position changes frequently, making it challenging to update regularly on the website. The appellant filed an appeal against this response, seeking a personal hearing on the matter.

2. The Director (Hqrs) and First Appellate Authority conducted a personal hearing and agreed with the appellant. Citing Sub-section 4(2) of the RTI Act, the Authority emphasized the obligation of public authorities to provide information proactively to minimize the need for individuals to use the RTI Act to obtain information. Consequently, the Authority directed the CPIO to publish information on incumbency position on the website and update it periodically.

3. The decision of the First Appellate Authority to uphold the appellant's appeal and order proactive disclosure of information on the website signifies a commitment to transparency and accountability in accordance with the RTI Act. By emphasizing the importance of proactive disclosure, the Authority ensures that the public has access to relevant information without having to resort to filing RTI applications, promoting transparency and efficiency in governance practices. The judgment highlights the significance of complying with the provisions of the RTI Act to uphold the principles of openness and accountability in government functioning.