CIC: compiling and collation of information held by the public authority directed in larger public interest u/s 8(2) - copy of order to Principal Secretary and to Chief Secretary to provided additional manpower resources and computers for compilation
Review of compliance of the directions given vide order dated August 1, 2013 - Respondent admitted that no action had been taken by the public authority to comply with the disclosure instructions - CIC: six more weeks allowed - CIC: compiling and collation of information held by the public authority directed in larger public interest under section 8(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. - a copy of order along with copy of order no. CIC/ AD/A/2012/002931DS dated 27 September 2013 marked to the Principal Secretary L & B Department and to Chief Secretary to provided additional manpower resources and computers for compilation
1. Further to Commission’s order of even number dated 1 August 2013 in which it was clearly stated that keeping in mind the importance of the subject matter of the RTI application (a copy of the RTI application is enclosed), Commission would review compliance of the directions held therein, matter was heard today. Both parties as above appeared in person and made submissions. It is placed on record that respondent admitted that no action had been taken by the public authority to comply with the disclosure instructions. Nor has information been provided to the appellant regarding the total number of applications for denotification of land which are pending with the Department
2. After hearing the averments of both parties Commission directs the CPIO as follows:
CPIO will provide information to the appellant regarding the total numbers of applications pending with them. Previously, a time period of four weeks was provided to the respondent for providing this information. Now through this order, Commission allows six more weeks from the date of receipt of the order for providing this information to the appellant. CPIO will also provide a copy of the minutes of meetings held for deciding cases for de – notification held during the last one year.
3. This information will be provided within four weeks of receipt of the order.
4. CPIO will also comply with directions of the Commission held in para 10 of the order of even number dated 1 August 2013 within six weeks of receipt of the order.
5. Since the subject matter of the RTI application is one of larger public interest, in the view of the Commission, this is a fit case for directing for the compiling and collation of information held by the public authority as per the provisions of the public interest override section, mainly sub section (2) of section 8 of the RTI Act.
6. Undoubtedly additional manpower resources and computers will be required for such compilation, therefore a copy of this order along with copy of order no. CIC/ AD/A/2012/002931DS dated 27 September 2013 is also marked to the Principal Secretary L & B Department and to the Chief Secretary, GNCTD so that they can take suitable action in the matter.
7. Since the matter is of larger public interest, Commission would review compliance of the orders held hereinabove on 20.11.2013 at 12.30 pm on which date, CPIO is directed to appear before the Commission along with any other officers of the Department who are engaged in implementation of this order. It may be mentioned here that noncompliance of the order will attract penalty.
(Smt. Deepak Sandhu)
Chief Information Commissioner
Citation: Shri Rajiv Kapoor v. Land & Building (Govt. of Delhi), New Delhi in Adjunct to Appeal: No. CIC/AD/A/2012/002932/DS