Mr. R.K. Jain Versus CPIO, Goods & Services Tax Network, New Delhi
GST
2018 (8) TMI 1070 – CENTRAL INFORMATION COMMISSION – 2018 (15) G. S. T. L. 399 (CIC)
CENTRAL INFORMATION COMMISSION – Commission
Dated:- 21-2-2018
Appeal No. :-CIC/DOREV/A/2017/167279-BJ
GST
Mr. Bimal Julka, Information Commissioner
For The Appellant : Mr. R. K. Jain
For The Respondent : Mr. M. Shadaab, AVP-Legal
ORDER
FACTS:
The Appellant vide his RTI application sought information on 03 points and its sub points regarding the certified copies of the note sheets of the file mentioned in the RTI application for the period from 01.01.2013 till the date of providing the information, the name of the officers 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
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en finalized, the detailed norms including delegation of powers for discharge of GSTN functions was under preparation, the rules/regulations and manual etc. to be used by its employees for discharging their functions was also under preparation, the annual statement of accounts and balance sheet was available till the period 2013-2014 only and that it was reflected that on completion of manual, rules and regulations, recruitment etc., an arrangement shall be put in place with the consultation of all the stake holders of the Company including tax payers. The attention of the Commission was drawn to the alarming and pathetic state of affairs of the GSTN which was meant to serve the public at large. Admitting the formative stages of the construction and formulation of GSTN, the Respondent stated that they were making best of their efforts to streamline their processes and procedures to put in place a robust, scientific and state of Art network for the benefit of the users. During the heari
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urt of India v. Commodore Lokesh K. Batra & Ors LPA 24/2015 & CM No. 965/2015 held as under:-
“15. On a combined reading of Section 4(1)(a) and Section 2(i), it appears to us that the requirement is only to maintain the records in a manner which facilitates the right to information under the Act. As already noticed above, 'right to information' under Section 2(j) means only the right to information which is held by any public authority. We do not find any other provision under the Act under which a direction can be issued to the public authority to collate the information in the manner in which is sought by the applicant”.
A reference was drawn to the Hon'ble Supreme Court observation in CBSE v. Aditya Bandopadhyay & Ors.(supra), wherein it has been held: “35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing. This is clear from a combined reading of Section 3 and the defi
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ublic offices comply with proactive disclosure norms. Section 4(2) of the RTI Act mandates every public authority to provide as much information suo-motu to the public at regular intervals through various means of communications, including the Internet, so that the public need not resort to the use of RTI Act.
In this context, the Commission referred to the decision of the Hon'ble Delhi High Court ruling in WP (C) 12714/2009 Delhi Development Authority v. Central Information Commission and Another (delivered on: 21.05.2010), wherein it was held as under:
“16.It also provides that the information should be easily accessible and to the extent possible should be in electronic format with the Central Public Information Officer or the State Public Information Officer, as the case may be. The word disseminate has also been defined in the explanation to mean – making the information known or communicating the information to the public through notice boards, newspapers, public announcements
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tizenry and transparency of information have been spelled out as vital to democracy and to contain corruption and to hold Governments and their instrumentalities accountable to the governed. The said legislation is undoubtedly one of the most significant enactments of independent India and a landmark in governance. The spirit of the legislation is further evident from various provisions thereof which require public authorities to:
A. Publish inter alia:
i) the procedure followed in the decision making process;
ii) the norms for the discharge of its functions;
iii) rules, regulations, instructions manuals and records used by its employees in discharging of its functions;
iv) the manner and execution of subsidy programmes including the amounts allocated and the details of beneficiaries of such programmes;
v) the particulars of recipients of concessions, permits or authorizations granted. [see Section 4(1) (b), (iii), (iv), (v); (xii) & (xiii)].
B. Suo moto provide to
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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 the constitutional principles enshrined in several articles of the Constitution. It is very clearly postulated that democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold the Governments and their instrumentalities accountable to the governed. The revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information. Therefore, the RTI Act seeks to harmonize these conflicting interests while prese
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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) of the RTI Act, 2005, the Commission advises the Respondent to suo motu disclose the information sought by the Complainant in compliance with Section-4 of the RTI Act, 2005 to ensure transparency, objectivity and accountability in the functioning of the Public Authority.
DECISION
Keeping in view the facts of the case and the submissions made by both the parties, it is evident that a sketchy information as available on its website ha
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