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Wednesday, April 22, 2009

Publish reasons for all decisions that affect the public, CIC tells UT Admn

The Central Information Commission (CIC) has directed the Chandigarh Administration to publish reasons for all its decisions that affect the public and ensure proper implementation of the Right to Information (RTI) Act.

The CIC also asked the Administration to convert all records in electronic format, catalogue, index and computerise them and then put them online for easy accessibility. The UT has been given three months to comply with the directions.

The commission referred to the instructions of the Ministry of Personnel, Public Grievances and Pensions, dated September 21, 2007, on the matter, which says: “The clause (Section 4) also requires the public authority to have its records computerised and connected through a network all over the country. ” The directions were issued in response to 52 separate complaints — later clubbed by the CIC — filed against various UT departments .

Information Commissioner M L Sharma ordered: “The public authorities are required to publish all relevant facts about such policies and decisions for the information of the public at large, as mandated under Section 4(1)(c) of the Act.” The order said such information should be provided free of cost. It read: “The information disclosed by the public authorities is proactive disclosure and they are required to provide immediate access to this material as and when requested, without the requirement of filing any written request and charging any fee.”

The CIC said all public authorities should also take immediate steps to publish detailed, complete and unambiguous information under the 16 categories of Section 4(1)(b) and thereafter update the information as and when necessary, but definitely every year. It added: “The names, room numbers, telephone numbers, e-mail address of the CPIOs/ACPIOs may be prominently displaced in each office. If the complete disclosures are also available with any other officer(s) other than the CPIO, ACPIO, their names, designations, room numbers and telephone numbers must be prominently displayed.”

Addressing the contentions of the complainant, regarding difficulty in submitting the fee for RTI , the commission said: “The CPIO should accept the requisite fee without delay. Such fee should be acceptable in any form as prescribed under the rules by way of cash against proper receipt or by demand draft or banker’s cheque or Indian postal order. The ‘payee’ or the name of the officer in whose favour payment is to be made should be displayed on the notice board of the public authority.” The commission held that no particular format was necessary to seek information under the RTI Act.

Courtesy: Indian Express