RTI Act Inquiry: Failure to Provide Information Triggers Commission Action

The Commission initiated an inquiry under Sections 18 and 20 of the RTI Act, 2005, due to the failure to provide information in response to an RTI application. The Deputy Commissioner only addressed one issue out of eight, stating the others were not under their purview. Lack of records of First Appeal and First Appellate Authority orders raised concerns. The complainant filed a complaint, leading to the Commission directing a Joint Secretary to conduct an inquiry and submit a report within four weeks. The judgment emphasized transparency, proper handling of requests, and accountability under the RTI Act for promoting good governance and access to information.

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Issues:
1. Failure to provide information in response to RTI application.
2. Lack of records of First Appeal and First Appellate Authority orders.
3. Complaint filed regarding non-provision of information.
4. Inquiry into the matter under Sections 18 and 20 of the RTI Act, 2005.

Issue 1: Failure to provide information in response to RTI application
The complainant filed an RTI application seeking information on eight issues. The responses provided by the respondents indicated that the information sought did not pertain to their office, except for Issue No. 6. The Deputy Commissioner provided information only for Issue No. 6, stating that the other issues were not under their purview. The Commission questioned the Under Secretary regarding the provision of information, to which she mentioned that the application did not relate to her department but to another Public Authority. However, she failed to specify the exact name and designation of the concerned Public Authority.

Issue 2: Lack of records of First Appeal and First Appellate Authority orders
The record did not contain the First Appeal (FA) or the First Appellate Authority (FAA) orders. This absence raised concerns regarding the procedural compliance and the handling of the RTI application at different stages of appeals.

Issue 3: Complaint filed regarding non-provision of information
The complainant filed a complaint on 11-11-2014, requesting the Commission to take action under Sections 18 and 20 of the RTI Act, 2005. The complainant sought an inquiry, summoning of respondents, and appropriate action against the responsible officer for failing to provide the requested information. The complainant emphasized the importance of ensuring compliance with the RTI Act and requested suitable measures to be taken against the responsible parties.

Issue 4: Inquiry into the matter under Sections 18 and 20 of the RTI Act, 2005
The Commission, after considering the complaint and submissions made by both parties, found reasonable grounds to initiate an inquiry under Sections 18 and 20 of the RTI Act, 2005. It was observed that the criteria for proceeding under these sections included providing incomplete, misleading, or false information, refusal of access, lack of response, unreasonable fee charges, or refusal to accept the application for information. The Commission directed a Joint Secretary to conduct an inquiry, identify responsible officers, and submit a detailed report within four weeks. Failure to comply would result in further action under the RTI Act. Additionally, the Joint Secretary was instructed to present the case along with relevant authorities for future proceedings.

In conclusion, the judgment highlighted the importance of ensuring transparency and accountability in responding to RTI applications. It emphasized the need for proper handling of requests, adherence to procedural requirements, and taking appropriate actions against non-compliance with the RTI Act. The Commission's decision to initiate an inquiry underscored the significance of upholding the principles of the RTI Act, 2005 for promoting good governance and access to information.

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