2018 (5) TMI 524 - Commission - GST

Non-disclosure of information - The Complainant reiterated the contents of his RTI application and stated that complete and satisfactory information had not been provided to him - 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. The Commission directs the Respondent to furnish the broad details of income and expenditure to the Complainant within a period of 15 days from the date of receipt of this order. Complaint disposed off.

Summary

Issues Involved:
- Non-disclosure of complete and satisfactory information in response to RTI application
- Disagreement on inspection of documents by the Complainant
- Argument on the feasibility of providing voluminous data
- Lack of proactive disclosure of information by the Respondent
- Citation of various judgments to support the claim for seeking information
- Interpretation of Section 4(2) of the RTI Act regarding proactive disclosure
- Reference to legal precedents emphasizing the importance of transparency and accountability in governance

Analysis:
The case involved a complaint where the Complainant sought information through an RTI application on various points related to expenses, bills, and purchases made by the Respondent. The Complainant expressed dissatisfaction with the response provided by the CPIO and VP-Legal, leading to an appeal to the FAA. However, the order of the FAA was not available in the Commission's records, creating a dispute regarding the inspection of documents by the Complainant.

During the hearing, the Complainant highlighted his inability to inspect the documents due to being a senior citizen and referred to previous CIC decisions supporting his right to surrender for inspection. The Respondent argued that they had given a point-wise reply and faced challenges in providing voluminous data economically. The Complainant offered to limit his request to purchases above a certain amount, but the Respondent reiterated constraints in furnishing the information.

The Commission emphasized the importance of proactive disclosure by public authorities under Section 4(2) of the RTI Act to ensure transparency and accountability. Citing various judgments, the Commission stressed the significance of making information easily accessible to the public, including through electronic means and websites. The judgments highlighted the role of transparency in promoting democracy, accountability, and open governance.

Based on the facts and submissions, the Commission directed the Respondent to provide broad details of income and expenditure to the Complainant within 15 days. Additionally, the Respondent was advised to proactively disclose all relevant information on their website for public access, considering the larger public interest and stakeholder convenience. The complaint was disposed of with these directives, emphasizing the importance of transparency and proactive disclosure in governance.