Central Information Commission
Bhagat Ram vs Gnctd on 7 October, 2020
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/GNCTD/A/2018/174391
Shri Bhagat Ram ... /Appellant
अपीलकता
VERSUS/बनाम
PIO/DVB Employees, Terminal ... ितवादीगण /Respondent
Benefit Fund 2002, Rajghat Power
House, New Delhi
Date of Hearing : 06.10.2020
Date of Decision : 07.10.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 08.10.2018
PIO replied on : 08.11.2018
First Appeal filed on : 16.11.2018
First Appellate Order on : 19.12.2018
2ndAppeal/complaint received on : 26.12.2018
Information soughtand background of the case:
The Appellant filed RTI application dated 08.10.2018 seeking information on 3 points as under
1. Is DVB EMPLOYEES TERMINAL BENEFITS FUND-2002 (PENSION TRUST) is following the guidelines of Right to Information Act 2005, U/S: 4(1) (b) (I-XVII)?
2. Please provide the details, when the said categories of information guidelines were implemented in DVB EMPLOYEES TERMINAL BENEFITS FUND-2002 (PENSION TRUST), U/s: 4(1) (b) (i-xvii) as per Right to Information Act 2005.
3. What is the web-site name of Pension Trust?
Queries are verbatim The PIO/Asst. Manager (Fin.)/PT, vide letter dated 08.11.2018 furnished a point wise reply to the Appellant.
Page 1 of 3Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 16.11.2018. FAA vide order dated 19.12.2018 stated as follows "...It may be seen from the above that the mandate of Pension Trust is limited to disbursal of pension to the retirees of erstwhile DVB. The issue was also deliberated in the past and the Pension Trust has limited liabilities to be discharged on functional basis; however suo-motto Pension Trust is also providing information under provisions of RTI Act, 2005. Accordingly, Pension Trust is Endeavour to comply information sought under RTI Act 2005 in letter and spirit."
Feeling aggrieved as dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on his telephone. He stated that the provisions of Section 4 (1) of the RTI Act are not complied by the DVB EMPLOYEES TERMINAL BENEFITS FUND-2002 (PENSION TRUST) since the information uploaded on the website of the Public Authority cannot be easily accessed by information seekers. He also alleged that the website is not periodically updated which renders the suo motu disclosure mechanism as useless. In this context, he cited the example of decisions of Wage Revision Committee (WRC) not being uploaded on the website of the Public Authority.
The Respondent is represented by Shri B.K. Paliwal, Manager and PIO through audio conference. He stated that it is their endeavour to comply with Section 4 (1) of the RTI Act and suo motu disclose as much information as possible on their website and that an employee can also access details regarding his/ her MACP/ GPF, etc by logging in with his/ her unique id and password. As regards the disclosure of meeting details of the WRC, the Respondent stated that although they had uploaded certain minutes of the Committee's meeting on 04.09.2020, subsequent decisions were not uploaded since they were under process.
DECISION Keeping in view the facts of the case and the submissions made by both the parties, 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 seeking the same through an RTI application should be an exception. An open government, which is the cherished objective of the RTI Act, can be realised only if all public offices comply with proactive disclosure norms. Section 4(2) of the RTI Act mandates every public authority to provide as much Page 2 of 3 information suo-motu in an easily accessible form 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. Therefore the Commission advises the Respondent to strictly ensure compliance with Section 4 of the RTI Act, 2005 in letter and spirit and submit a report to the Commission with the generic details of the information disclosed on their website by 15.11.2020.
With the above directions, the instant Second Appeal stands disposed off accordingly.
वाई. के . िस हा) वाई.
Y. K. Sinha (वाई िस हा
Information Commissioner (सूचना आयु )
Authenticated true copy
(अिभ मािणतस यािपत ित)
Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)/ 011-26180514
Page 3 of 3