CIC: Section 5 says that necessary information shall be ‘provided’ to requesters; Posting is just one method of providing information - CIC recommended to the Public Authority to try to contact the RTI applicants & hand over information personally
3 Jun, 2015CIC: Section 5 says that necessary information shall be ‘provided’ to requesters; Posting is just one method of providing information - CIC recommended to the Public Authority to try to contact the RTI applicants, on the phone number if provided by them in the RTI applications and hand over the copy of information personally to the applicants by taking acknowledgement from him or his representative
Summary:
The Commission noticed that in around sixty per cent of cases in second appeal while the PIO claims to have dispatched the response or information the appellant disputes it saying he did not receive it or attachments were not there or documents were not legible. The Public Authority generally spends Rs 15 to Rs 25 to courier or speed post the response without any certainty or acknowledgement of receipt. The RTI Act, in Section 5(3) says the PIO shall render reasonable assistance to the applicant. Section 4(4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. Explanation - For the purposes of sub-sections (3) and (4), “disseminated” means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority. All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. Explanation - For the purposes of sub-sections (3) and (4), “disseminated” means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority. mandates that all materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible. The cost effectiveness and certainty of reach should be emphasized. Section 5 also says that necessary information shall be ‘provided’ to requesters. It does not say ‘post’ the information. Posting is just one method of providing information. Thus the Commission recommends to the Public Authority to try to contact the RTI applicants, on the phone number if provided by them in the RTI applications and hand over the copy of information personally to the applicants by taking acknowledgement from him or his representative. This will not only result in saving the postal expenses and the complainant will certainly receive it without having any scope to complain about non receipt etc, if posting is felt necessary, the applicant shall be informed by sms or phone or email id the dispatch number, date and name of courier so that applicant can pursue the dispatch. The PIO is under a duty to maintain the record of this communication.
The complainant is not present. The Public Authority is represented by Mr. Amrendra Kumar Singh and Ramesh Chand, O/o Sub Divisional Magistrate (Civil Lines), GNCTD, Delhi.
FACTS
2. The complainant filed RTI application on 24.11.2011 seeking action taken report on his two complaints both dt. 24.10.2011 related to unauthorized construction on the land of Gram Sabha by Surender Kumar Rana and also wants to inspect the file record/ documents prepared in this regard. On 29.11.2011 the CPIO replied that both the complaints were forwarded to Principal Secretary (Revenue/Divisional Commissioner & Deputy Commissioner (North SDM Civil line). Having received no reply within the prescribed period from the concerned officer, the complainant preferred complaint before the Commission.
Decision:
3. The respondent authority made their submissions. The complainant is not present. The respondent officer submitted that the illegal encroachments were demolished and action was taken. This was informed to the complainant on 1312012, a copy of which the respondent has presented to the Commission. Thus the complainant, having received information desired by him, the Commission closes his complaint.
Recommendation for effective provision of information
4. The Commission noticed that in around sixty per cent of cases in second appeal, while the PIO claims to have dispatched the response or information, the appellant disputes it saying he did not receive it or attachments were not there or documents were not legible. The Public Authority generally spends Rs. 15 to Rs. 25 to courier or speed post the response without any certainty or acknowledgement of receipt. The RTI Act, in Section 5(3) says the PIO shall render reasonable assistance to the applicant. Section 4(4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. Explanation - For the purposes of sub-sections (3) and (4), “disseminated” means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority. All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. Explanation - For the purposes of sub-sections (3) and (4), “disseminated” means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority. mandates that all materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible. The cost effectiveness and certainty of reach should be emphasized. Section 5 also says that necessary information shall be ‘provided’ to requesters. It does not say ‘post’ the information. Posting is just one method of providing information.
5. Thus the Commission recommends to the Public Authority to try to contact the RTI applicants, on the phone number if provided by them in the RTI applications and hand over the copy of information personally to the applicants by taking acknowledgement from him or his representative. This will not only result in saving the postal expenses and the complainant will certainly receive it without having any scope to complain about non receipt etc, if posting is felt necessary, the applicant shall be informed by sms or phone or email id, the dispatch number, date and name of courier so that applicant can pursue the dispatch. The PIO is under a duty to maintain the record of this communication.
(M. Sridhar Acharyulu)
Information Commissioner
Citation: Mr. C.G. Maurya v. Sub Divisional Magistrate (Civil Lines), GNCTD in File No.CIC/AD/C/2013/001500SA