CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001294/14035
Complaint No. CIC/SG/C/2010/001294
Complainant : Mr. Rejimon C K,
C/o Dwarka Forum,
Flat No. 453, Nav Sansad Vihar,
Plot No. 04, Sector 22, Dwaraka,
New Delhi - 110 077
Respondents (1) : The Principal Secretary,
General Administration Department,
Govt. of NCT of Delhi,
2nd Level, A- Wing,
Delhi Secretariat, I.P Estate,
Delhi - 110 002
(2) : The Director (IT)
Department of Information Technology,
Govt. of NCT of Delhi
2nd Level, A- Wing,
Delhi Secretariat, I.P Estate,
Delhi - 110 002
Facts
arising from the Complaint:
The Complainant has filed the present Complaint under Section 18 of the Right to Information Act
(hereinafter ‘the RTI Act‘), before this Commission, contending that the existing Gazette Notifications
should be available proactively on the website of the department under Section 4 of the RTI Act 2005. A
copy of the Complaint is attached herewith. The Commission, taking cognizance of the Complaint issued
a notice dated 21st July 2011 to the Respondents.
The Commission has received the submissions of the Complainant, the contents of which are reproduced
below:-
“Refer to Complaint u/s 18 of RTIA 2005 being filled under above ref number, I would like to submit
following below Written submission in support of my case.
1. A Gazette notification highly important document for public authority. Through this various
activities, new rules and other information are put under legal frame. However, for the public at large
this VITAL important document is not available. When a citizen face some problem and approach the
public authority, their reply will be the same is notified under gazette a standard answer. However to
access these vital information in public domain is not made available.
2. The undersigned made a request to the Hon. Chief Secretary of Govt of NCT Delhi through
email dated 20th Jan 2010. After that spoken to GAD Office of GNCTD, the staff acknowledged there
is no online info currently. Since there was no cooperation or disclosure from GNCTD the under
signed made a complaint u/s 18 of RTI Act 2005 with CIC on 16th Aug 2010. A reminder sent to GAD
and Delhi on 22 March 2011. The IC Shailesh Gandhi office issued notice to Secretary-GAD and
Director IT, GCNTD
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3. The Govt of Kerala https://www.egazette.kerala.gov.in/latest_gazette.htm . The copy of
Karnatka Govt Gazette Notifications https://gazette.kar.nic.in/ through the website. Another
example https://www.tn.gov.in/gosdb/viewdepartments.php of Tamil Nadu Govt. These are name a few.
4. National Portal
i.e https://egazette.nic.in/Default.aspx & https://india.gov.in/documents.php have facilities upload the
Gazette Notification etc. However Delhi Govt is not using them.
5. Delhi Govt manages a website https://www.delhigovt.nic.in/notification.asp However the Gazette
notification or other documents listed are not updated time to time. Also only 9 Department Currently
accessed or used so far and only diverting to Home Pages of Respective department.
6. A good example of Gazette Notification by Ministry of Environment and Forest is
available https://moef.nic.in/modules/recent-initiatives/NGRBA/legislation.htm . An initiative started
by MoEF then Minister Jairam Ramesh.
7. Section 4 of RTI Act 2005 mandated within 90 days of Act to computerize, catalogue and index
all Public Interest documents. The Gazette Notification are in this category and of high importance in
every day life of citizens. The non disclosure is serious matter.
We would appeal before Hon. IC that the direction be given to Principal Secretary – GAD to upload
all the existing Gazette Notifications through Delhi govt Website.
We would appeal before Hon. IC that the direction be given to Director – Information Technology,
Delhi Govt to facilitate and design web uploading module for respective departments enabling
uploading all future existing Gazette Notifications through Delhi govt Website.
In view of above written submission it is respectfully stated that Hon’ble Commission should grant relief
as sought under the complaint to Commission in this reference.”
The Right to Information is a fundamental right of the citizens which has been codified by the RTI act,
No. 22 of 2005. The act envisions that all citizens shall receive information primarily by suo moto
disclosures by various public authorities as prescribed by section (4) of the act. Disclosures in accordance
with the said Section are crucial to ensure transparency and accountability in institutions. This would
reduce the load of RTI Applications being filed with each institution as information would be freely
available to citizens and they would not have to apply for it. It further envisages that citizens would be
required to specifically ask for information under section (6) only in a few cases. Citizens have been
demanding that certain information is essential to them and should be available proactively in form of
public notice boards, display boards etc. The Commission feels that certain information which is essential
for the public should be published proactively.
Relevant Facts emerging during Hearing on 11/08/2011:
The following were present
Complainant: Absent;
Respondent: Mr. Amitabh Kumar, Dy. Secretary (GAD); Mr. Sushil Singh, JS(IT); Mr. Vikrant Kumar,
Programmer (IT); and Santuian Chaubby, SA(IT);
The complainant has basically sought that all gazette notification of the Delhi Government should
be available on the website on one location. The respondents agreed that this would be a very good
service for the citizens. The Respondents have proactively confirmed that all gazette notifications issued
after 15 August 2011 would be available on the Delhi Government website with a link available on the
home page. They have also confirmed that they will be able to put-up the gazette notifications from
01/04/2008 upto 14/08/2011 on the website of the Delhi Government before 31 December 2011.
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Decision:
The Complaint is allowed.
In view of the above the Commission by virtue of the powers vested in it under section 19 (8)
(a) of the RTI act, 2005, hereby directs the department to fulfil its obligations under the RTI Act by
specifically making the following information available on its website:
All gazette notifications issued after 15th August 2011 by all the departments, autonomous bodies,
corporations and local bodies under the Government of Delhi shall be displayed on the website of the
Government of Delhi. It shall also be ensured that the following schedule will be followed for displaying
the earlier gazette notifications:
1) Gazette Notifications from 01/01/2011 to 14/08/2011 before 01/10/2011.
2) Gazette Notifications from 01/01/2010 to 31/12/2010 before 01/11/2011.
3) Gazette Notifications from 01/01/2009 to 31/12/2009 before 01/12/2011.
4) Gazette Notifications from 01/04/2008 to 31/12/2008 before 31/12/2011.
Necessary standing instructions shall be issued in this regard to all concerned officers.
The Respondents shall send a compliance report of the above directions to rtimonitoring@gmail.com by
the 31st December 2011. The Report must include:
1. The details of standing instructions issued.
2. Measures put in place to ensure regular updating of the information uploaded on the website.
3. The exact web link where the information is available.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.
Shailesh Gandhi
Information Commissioner
11th August 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP)
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