IMPORTANT JUDGMENT ON RTI That Section does not even confer any discretion on a public authority to withhold information, let alone any exemption from disclosure. It only gives discretion to the public authority to provide the information in a form other than the form in which the information is sought for, if the form in which it is sought for would disproportionately divert the resources of the public authority. In fact there is no provision in the Act to deny information on the ground that the supply of the information would disproportionately divert the resources of the public authority. Section 4 of the Act makes it compulsory on the part of a public authority to comply with the obligations prescribed therein including the obligation under sub section (1)(a), to `maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through network all over the country on different systems so that access to such records are facilitated and the obligation under sub section (1)(b), to publish within 120 days from the enactment of the Act the various particulars relating to the public authority described in clauses (i) to (xvii), the object of which is to facilitate easy supply of the information in their possession to those who apply for the same. Further under sub section 2 of section 4, `it shall be a constant endeavour of every public authority to take steps in accordance with requirements of clause (b) of sub-section 1 to provide as much information suo motu to the public under regular intervals through various menas of communications, including internet, so that the public have minimum use of resort to this Act to obtain information. The difficulties a public authority may encounter in the matter of supply of information are no grounds to deny the information, if that information is available and not exempted from disclosure. Whatever be the difficulties, unless the information is exempt from disclosure, the public authority is bound to disclose the same. The facts that the information is voluminous, if all candidates apply for the information with the available infrastructure it may not be possible to cope up with the request, the authority will have to depute additional manpower to collect and supply the information etc. are not reasons available to the public authority to deny information to a citizen who applies for the same. The public authority can only insist on reasonable fees for supply of the information as per rules prescribed for the same. As such, the flood gate theory sought to be pressed into service by the Standing Counsel for the Public Service Commission is not a defence against supply of information under the Right to Information Act.( Kerala High Court Treesa Irish vs The Central Public Information ... on 30 August, 2010 Pages 24-25 ) Prasad Vaidya- These points are missing from SC Judgment
Posted on: Wed, 14 Jan 2015 10:01:00 +0000
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