Information relating to receipt & disposal of RTI applications for a particular period was sought - Appellant: As it is liable for suo motu disclosure, Sec 7(9) cannot be invoked - CIC granted 4 months for updating the software & training the employees
27 Jul, 2018ORDER
Facts:
1. The complainant filed RTI application dated 17.06.2016 seeking copies of RTI application register/records relating to receipt & disposal of RTI applications from 01.01.2015 till date; list of RTI Applications pending till 01.06.2016 with each CPIO of the Air India; copies of RTI Appeal register or records relating to receipt and disposal of RTI Appeal from 01.01.2013 till the date.
2. The CPIO responded on 01.07.2016. The complainant filed first appeal dated 06.07.2016 before the first appellate authority (FAA). The response of FAA is not on record. The complainant filed a complaint on 17.08.2016 before the Commission on the ground that information should be provided to him.
Hearing:
3. Both the parties participated in the hearing personally. Mr. Sunil Kumar Bajaj (AGM, O.A.) represented the respondent.
4. The complainant stated that the respondent should proactively disclose the sought for information relating to disposal of RTI application on their website in compliance with Section 4(1)(b) Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; of the RTI Act r/w DoPT circular dated 15.04.2013 vide O.M. No. 1/6/2011-IR. Further, he stated that the matter pertains to functioning of the government, wherein, transfer/posting of the employees does not affect the process of disposal of the RTI application. Therefore, even if the official dealing with the case is retired/transferred, the RTI application should be disposed of as per the RTI Act and CPIO reply/First Appellate Authority order should also be provided to the applicant as well as the same should be uploaded on the website. He stated that one is not expected to approach 73 different CPIOs to collect the information. He added that the Air India Ltd. is spread all across the country and abroad. Hence, the respondent should devise a suitable mechanism for careful monitoring of RTI applications received in their office and update their website. Placing his reliance on Bombay High Court order dated 12.02.2014 in W.P. No. 1305 of 2011 titled Sir Sayyed Education Society v. State of Maharashtra, he stated that if the information is in the nature of suo motu disclosure, the provisions of Section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act cannot be invoked.
5. The respondent agreed in principle to so motu disclose the sought for information viz. status of RTI application/first appeal received in their office, first appellate authority order etc. on their website. However, he sought for some time to arrange adequate training to all the concerned officers of Air India Ltd.
Discussion/ observation:
6. This complaint is treated as 2nd appeal, as complainant has insisted on information to be provided. The Commission is of the opinion that four months time should be allowed to the respondent to impart required training to their employees and for updating their software. Further, the respondent should put the information in public domain as per section 4(1)(b) Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; of the RTI Act read with DoPT circular dated 15.04.2013 vide O.M. No. 1/6/2011-IR, within 4 months from the date of receipt of this order.
Decision:
7. The respondent is directed to take action as per para 6 above. The appeal is disposed of.
Copy of the order be given to the parties free of cost.
(Radha Krishna Mathur)
Chief Information Commissioner
Citation: Mr. R.K. Jain v. Air India Limited in Complaint No. CIC/AIRIN/C/2016/299172, Dated of Decision: 02.01.2018