CIC: public authority to voluntarily disclose the criteria for grant of permission for digging the recharge wells, details of fee to be paid & any other information required to process an application so that a citizen does not to file an RTI Application
The appellant is not present. The Public Authority is represented by Mr. Tara Chand, Naib Tehsildar (Mehrauli), O/o SDM (Mehrauli), GNCTD, Delhi.
2. Through his RTI application dated 27.11.2012, the appellant is seeking information on the status of his application dated 14.9.2012 and the reminder dt. 22.10.2012, regarding granting of permission for digging the recharge wells for installation of rain water harvesting plant, in connection with a project which is under construction, by the appellant at Kishn Garh, New Delhi. The PIO has provided information through his letter dated 27.11.2012, on which the appellant filed first appeal before the FAA. FAA by his order dated 15.2.2013, upheld the information given by the PIO and dismissed the first appeal with the observations that as the appellant was not present at the hearing, it seems that he has nothing to say in the matter. Claiming dissatisfaction at the information supplied by the respondent authority, the appellant filed 2nd appeal before the Commission.
3. Heard the submissions made by respondent/PIO. The respondent authority is directed to provide a revised reply to the appellant, within 3 weeks of receipt of this order.
4. The Commission also recommends to the public authority to disclose voluntarily the criteria for grant of permission for digging the recharge wells, in a proforma, designed with all the details connected thereto, and any other information, if any, that is necessary to process the said application, with details of fee to be paid, etc. so that a citizen like the appellant will understand the process without resorting to filing of a RTI Application, as in the present case. The respondent authority is also directed to upload the information sought by the appellant on their website also, under section 4(1)(b) Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; of the RTI Act and furnish a copy of the same to the appellant within one month from the date of receipt of this order.
5. The appeal is disposed of accordingly.
(M. Sridhar Acharyulu)
Citation: Mr. Satyavan Singh v. Sub Divisional Magistrate (Mehrauli) GNCTD, Delhi in File No.CIC/AD/A/2013/001650SA