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1 - 9 of 9 (0.23 seconds)Section 6 in The Right to Information Act, 2005 [Entire Act]
Section 4 in The Right to Information Act, 2005 [Entire Act]
Section 7 in The Right to Information Act, 2005 [Entire Act]
Section 5 in The Right to Information Act, 2005 [Entire Act]
Section 2 in The Right to Information Act, 2005 [Entire Act]
Section 3 in The Right to Information Act, 2005 [Entire Act]
Registrar Of Companies & Ors vs Dharmendra Kumar Garg & Anr on 1 June, 2012
In this regard, the Hon'ble Delhi High Court in Registrar of Companies &Ors. vs.
Dharmendra Kumar Garg &Ors. [W.P.(C) 11271/2009]dated 01.06.2012 had
held as under:
Centrlal Board Of Sec.Education & Anr vs Aditya Bandopadhyay & Ors on 9 August, 2011
23. It even otherwise belies logic as to why Sections 5 to 7 providing for
appointment of CPIOs, making of request for information and providing of
information or rejection of request for information should be read as
applicable also to the information which has already suo motu been made
available by the public authority to the public at large and as to why the
CPIOs should be required to, in response to a request under Section 6, again
provide information which the public authority has suo motu made available
on internet. Any other meaning or interpretation ascribed to the said
provisions would render infructuous the obligation discharged by the public
authority of suo motu making information available on internet. The
Legislature, while enacting Section 4, obliging the public authority to suo
motu make all information available, was fully aware of the high cost
entailed in so making the information made available. Section 4(1)(a), while
providing for computerisation by public authorities of all records, makes the
same subject to availability of resources. To hold, that notwithstanding the
public authority, at a huge expense, having suo motu made information
available to the public at large, is also to be burdened with dealing with
request for the same information, would amount to a huge waste of
resources of the public authorities. Experience of operation of the Act for the
last nearly ten years has shown that the officers of the public authorities
designated as CPIOs have other duties also and the duty to be discharged
by them as CPIO is an additional duty. It cannot also be ignored that dealing
with request for information is a time consuming process. If it were to be
held that information already made available under Section 4 will have to
be again provided under Sections 6 & 7, it will on the one hand not advance
the legislative intent in any way and on the other hand may allow misuse
of the provisions of the Act for extraneous reasons and allowing harassment
of CPIOs by miscreants
Commission deems it expedient to highlight that Hon'ble Supreme Court in
Central Board of Secondary Education and Anr. Vs. Aditya Bandopadhyay and
Ors, SLP(C) NO. 7526/2009 has held that :
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