CIC directs Department of Revenue to ensure compliance of section 4(2) of the RTI act
The appellant filed an application under the Right to Information (RTI) Act with the Department of Revenue seeking particulars of the ‘FAQ’ that have been uploaded on the concerned website. The Public Information Officer (PIO) transferred the application to the SDMII (HQ). The SDMII (HQ) provided the reply in respect of some points and for remaining points, the RTI application was further transferred to All Collector of Stamp of Revenue District, New Delhi. The appellant thereafter received replies from different PIOs. Not satisfied with the replies, the appellant filed second appeal with the Central Information Commission (CIC) requesting the Commission to direct the public authorities to display the norms prescribed and required formalities on the notice boards of each SDM Offices, and to provide precise copy of the FAQ.
During the hearing the before Central Information Commission (CIC), the appellant stated that the purpose of his appeal is to ensure that the Revenue Department puts up all the information related to registration of instruments executed out of India given in section 18(1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,- (a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be; (b) who has been refused access to any information requested under this Act; (c) who has not been given a response to a request for information or access to information within the time limit specified under this Act; (d) who has been required to pay an amount of fee which he or she considers unreasonable; (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. of the Indian Stamp Act, 1899 and section 33(c) of the Registration Act, 1908 along with the procedures / documents required to be submitted by the general public to get such documents registered in the SDM’s office etc. The appellant also stated that the said information should be uploaded on their website in pursuance of section 4 of the RTI Act as it was in public interest.
View of CIC
The Commission directed the PIO/SDM (HQ) and the First Appellate Authority (FAA) to consult with the competent authority and place the information sought by the appellant in respect of all 9 Revenue districts, on the website of the public authority. The CIC also held that in case the information or part thereof attracts any exemption clause as given in section 8(1) of the RTI Act, the FAA would not put up that piece of information on the website. In that case the FAA has to formally inform the appellant the reasons for not placing the information on the website. The CIC also issued the show cause notice to the PIO, All Collector of Stamps for not complying with the order of the FAA.
Citation: Mr. Aseem Takyar v. Department of Revenue Government of NCT of Delhi Office in File No: CIC/AD/A/2012/002835
RTI Citation : RTIFI/2013/CIC/1314
Click here to view original RTI order of Court / Information Commission