TaxTMI 
TaxTMI 
2018 (8) TMI 1070
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....rs with designations who were responsible for making the voluntary disclosure u/s 4 of the RTI Act,2005 from 01.09.2009, till the date of providing information, the details of the action taken against them for violation of Section 4 of the Act, the list of the said files and issues related thereto. The CPIO vide its letter dated 19.05.2016 provided a point wise reply to the Appellant. Dissatisfied by the reply of the CPIO, the Appellant approached the FAA. The FAA vide its order dated 29.07.2016 rejected the contention of the Appellant raised in his First Appeal. HEARING: Facts emerging during the hearing: The following were present: Appellant: Mr. R. K. Jain; Respondent: Mr. M. Shadaab, AVP-L....
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....ntific and state of Art network for the benefit of the users. During the hearing, the Commission was appraised that the CPIO who had provided the initial information had since quit the service and that a total number of approximately 1200 employees were in the Company managing the entire network. It was articulated by the Respondent that they had observed the provisions of Section 4 of the RTI Act, 2005 and that necessary disclosures were made on their website. In this context, the Commission referred to the decision of the Hon'ble Supreme Court in the matter of Civil Appeal no. 6454 of 2011 Central Board of Secondary Education and Anr. Vs. Aditya Bandopadhyay and Ors. which held as under: "35...... the Act does not cast an obli....
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....he form of data or analysed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions in Section 8 of the Act. But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant........" However, 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 except....
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....Act to publish the information indicated in Section 4(1)(b) and 4(1)(c) on its website so that the public have minimum resort to the use of the RTI Act to obtain the information." Furthermore, High Court of Delhi in the decision of General Manager Finance Air India Ltd & Anr v. Virender Singh, LPA No. 205/2012, Decided On: 16.07.2012 had held as under: "8. The RTI Act, as per its preamble was enacted to enable the citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. An informed citizenry and transparency of information have been spelled out as vital to democracy and to contain corruption and to hold Governme....
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....n Government. It creates a condition for 'open governance' which is a foundation of democracy." The High Court of Bombay in Shonkh Technology International Ltd. v. State Information Commission Maharashtra Konkan Region, Appellate Authority and United Telecom Limited v. State Information Commission Maharashtra Konkan Region and Ors., W.P. Nos. 2912 and 3137 of 2011 decided on 01.07.2011 held as under "The RTI Act is an Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. The preamble of the RTI Act itself refers to this aspect and....
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....uire into complaints of non-performance and non-compliance of provisions of the Act and relating to access to records under the Act; b) empowered under Section 19(3) to hear second appeals against decision of Information Officer and the First Appellate Authority; c) empowered under Section 19(8) to, while deciding such appeals, to require any public authority to take such steps as may be necessary for compliance of provisions of the Act; and, d) and is to, under Section 25 of the Act prepare annual report on the implementation of the provisions of the Act. The CIC thus, besides the adjudicatory role also has a supervisory role in the implementation of the Act." Therefore, keeping in view the supervisory powers of the Commission u/s 25(4)....