CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001438/10910
Complaint No. CIC/SG/C/2010/001438
Complainant : Mr. Saurabh Sharma,
C/o Joint Operation for Social Help (JOSH),
C-7/E, D.D.A Flats, Munirka,
New Delhi - 110 067
Respondents : The Commissioner,
Municipal Corporation of Delhi,
4th Floor, Civic Centre, Minto Road,
Near New Delhi Railway Station,
New Delhi - 110001
Facts
arising from the Complaint:
Mr. Saurabh Sharma has filed the present complaint under
section 18 of the RTI act (hereinafter ‘the act’), with the Commission, stating that the respondent
public authority has not updated its manuals published in pursuance of its obligations under section
4 (1) (b) of the act. His request is reproduced below:-
“Section (4) of the RTI act, envisages suo moto disclosures by all public authorities.
I have gone through the website of MCD and was appalled from the observations. Most of the
departments of MCD haven’t updated their manuals which are to be put up under section (4) of
Right to Information Act 2005. Some departments haven’t even put up the manuals.
The observations are as follows;”
S.No. Department Observation
1) Accounts Manuals are not put up on the website till now.
2) Community Service Manuals are NOT up to date. In the budget
manual, the budget is of year 2005-06.
3) DEMS Manuals are NOT up to date. In the budget
manual, the budget is of year 2005-06.
4) Hospital Manuals of some hospitals are not there. The
others have their records updated till 2008-09.
5) Organisation and Manuals are missing. e.g. Manual 11 which
Method talks about budget is not present.
6) Printing and Stationary Manuals are NOT up to date. In the budget
manual, the budget is of year 2005-06.
Page 1 of 2
7) Remunerative Projects Manuals are not there. No manuals have been
Cell uploaded on the website.
8) Public Health Manuals are not updated.
9) Central Zone Manuals are NOT up to date. In the budget
manual, the budget is of year 2005-06.
10) City Zone The manuals which have been put up on the
website are incomplete.
11) Karol Bagh Zone The manuals are not there at all.
12) Najafgarh Zone The manuals which have been put up on the
website are incomplete.
13) Narela Zone Manuals are NOT up to date. In the budget
manual, the budget is of year 2004-05.
14) Rohini Zone The manuals are not there at all.
15) SP Zone Manuals are NOT up to date. In the budget
manual, the budget is of year 2005-06.
16) Shahdara North Zone Manuals are NOT up to date. In the budget
manual, the budget is of year 2006-07.
17) Shahdara South Zone The manuals which have been put up on the
website are incomplete.
18) South Zone Some manuals like the list of Public
Information Officers (Manual 16 u/s 4 of RTI
Act 2005) are not available.
The Commission has perused the website of the respondent and has found that the information
being displayed suo moto i.e. the manuals, with respect to the departments mentioned above have
not been updated. The respondent public authority has failed to update the information
inspite of a clear and unambiguous provision for the same in the said section.
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. It further
envisages that citizens would be required to specifically ask for information under section (6) only
in a few cases. However, when Public Authorities do not fulfill their obligations under section (4),
citizens have no way but to seek information under section (6), which in turn becomes a cost for
the citizens as well as the government. Obligations under section (4) were to be fulfilled by 12th
October 2005. It is disheartening to note that these departments have not complied with the
provisions of the act even after five years of its coming into effect, thereby expressing their refusal
to abide by the law so enacted. Disclosures in accordance with Section (4) of the RTI Act are
crucial to ensure transparency and accountability in public authorities. This would reduce the load
of RTI Applications being filed with each public authority as information would be freely
available to citizens and they would not have to apply for it.
Page 2 of 2
Decision:
The Complaint is allowed.
This is a basic requirement under the act and that the department ought to have ensured that its suo
moto disclosures are proper and appropriately updated.
In view of the aforesaid and from the facts before it, the Commission under the powers
vested in it by section 19 (8) (a) of the RTI act, hereby directs the following:
1. The manuals published pursuant to section 4 (1) (b) of the act, shall be updated by 15th
February 2011 and thereafter updated regularly.
2. Manual (xi) should be itemized and information must be for the previous two years and
there should also be a report on current budget estimates.
The Commission is acting under the powers vested in it under section 19 (8) (a) of the RTI act,
2005. If officers do not comply with these directions the Commission would be constrained to use
its punitive powers under section 20 (1) and (2) of the RTI act.
The Respondent shall send a consolidated report of compliance of the above directions to this
Commission by 25th February 2011. The report may be sent to rtimonitoring@gmail.com, with a
copy to the Complainant.
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
12th January 2011
Copy to: – Heads of 18 departments as mentioned in the list.
(In any correspondence on this decision, mention the complete decision number.)(ANP)
Page 3 of 2