Copy of Cantonment Board Resolution sought under RTI
The appellant filed an application under Right to Information (RTI) act with the Cantonment Board seeking a copy of Board Resolution No. 30. The Public Information Officer (PIO) provided the information.
During the hearing the appellant submitted that the protection wall behind his house was damaged due to the blockage of the drain running alongside the wall. The blockage was caused by the contractors employed by the Cantonment Board. He also submitted that he made a request to the Board to either reconstruct / repair the damaged wall or to pay him compensation in regard thereto but to no avail. The Public Information Officer (PIO) submitted that the appellant had sought a copy of Board Resolution which was provided to him. The appellant admitted that he has received a copy of the said Resolution, but it is only a Resolution and not the minutes of the meeting which were required to be recorded as per section 43 of the Cantonment Act, 2006.
View of CIC
The Central Information Commission (CIC) observed that the public authority can supply only such documents as are available with it. If a document has not been made or is not available in record, it cannot be supplied to the appellant. The Commission also noted that the grievance of the appellant appears to be genuine and calls for remedial action by that Chief Executive Officer of the Board. CIC directed the Chief Executive Officer (CEO) to look into the matter afresh at a personal level for remedying the grievance of the appellant as per law and to ascertain the circumstances under which the decision of the board for repairing / reconstructing the damaged wall was not minuted, as alleged by the appellant.
This case law shows that if the records have not been maintained as per the requirement of law, a public authority cannot wash away its hands claiming that the information cannot be provided as the same is not available.
Citation: Mr. S K Lamba v. Cantonment Board in File No.CIC/LS/A/2012/000882
RTI Citation : RTIFI/2012/CIC/470
Click here to view original RTI order of Court / Information Commission