2014 (3) TMI 435 - HC - Indian Laws

RTI Compliance Upheld: Court Orders Inquiry into Missing Project Report

UNION OF INDIA Versus VISHWAS BHAMBURKAR

UNION OF INDIA Versus VISHWAS BHAMBURKAR - 2013 (297) E.L.T. 500 (Del.) Issues:1. Non-availability of Project Report sought under RTI application.2. Discrepancies in information provided by PIO and Ministry of Tourism.3. Legality of Central Information Commission's directive for inquiry.4. Interpretation of powers of Central Information Commission under RTI Act.Issue 1: The respondent filed an RTI application seeking an authenticated photocopy of the Project Report for Development of Ayurvedic Health Resort and Herbal Garden, which was not received by the Ministry of Tourism as per the PIO's response. The First Appellate Authority directed a thorough search for the report and related records within 15 days, but the respondent remained dissatisfied and appealed to the Central Information Commission.Issue 2: The Central Information Commission, upon hearing, found discrepancies as the Ministry denied receiving the report despite confirmation of signatures by officials. The Commission directed an inquiry by the Ministry to ascertain the authenticity of the report, suspecting a conspiracy or intentional withholding of information. The Ministry's subsequent report confirmed the non-availability of the original project documents, raising questions about the thoroughness of the inquiry conducted.Issue 3: The petitioner challenged the Commission's authority to direct an inquiry, arguing that the RTI Act does not explicitly empower the Commission to order departmental investigations. However, the Court emphasized that the Commission's powers extend to ensuring compliance with the Act, including directing inquiries to secure information disclosure, even if not explicitly listed in the Act.Issue 4: The Court highlighted the importance of the RTI Act in promoting transparency and access to information, emphasizing that public authorities must make every effort to locate and share requested information unless exempted. It stressed the need for comprehensive investigations into missing information, holding responsible parties accountable to prevent willful suppression of data. The Court dismissed the writ petition, ordering a more thorough inquiry by a senior officer within eight weeks and directing dissemination of the judgment to all relevant authorities for guidance.This detailed analysis of the judgment addresses the issues raised in the case concerning RTI application, discrepancies in information, legality of directives, and the interpretation of the Central Information Commission's powers under the RTI Act.