Release, utilization of funds for various activities
*Says compliance of Section 4 imperative for transparency
Mohinder Verma
JAMMU, July 5: In a significant step, the Central Information Commission (CIC) has directed Housing and Urban Development Department, Youth Services and Sports Department and Sports Council of Union Territory of Jammu and Kashmir to disclose maximum information about release and utilization of funds on their respective websites in order to ensure transparency and accountability in their functioning.
Moreover, the Commission has mentioned that proactive disclosure of information by the Public Authorities in compliance to the provisions of Section 4 of the Right to Information Act, 2005 will result into minimum use of the transparency law to seek information.
The direction has been passed by the transparency watchdog of the country while disposing of two Second Appeals filed before the Commission after either denial or furnishing of incomplete information by the respective Public Information Officers (PIOs).
As per the details, an application under RTI Act was filed before the PIO, Housing and Urban Development Department seeking year wise details of various kinds of funds Municipal Committee Akhnoor received under various heads/schemes from year 2018 onwards; year-wise details of funds actually expended and activities undertaken during the period; how much funds were lapsed due to non utilization on time etc.
Though the PIO gave reply to the applicant vide letter dated February 11, 2023 yet the applicant was not satisfied over the same for being incomplete and accordingly he filed First Appeal, which, however, was not adjudicated. Finally, the applicant approached the Central Information Commission with the Second Appeal.
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During the course of hearing before the Central Information Commission, appellant stated that though some information had been furnished by the respondent, some of the annexures were not found attached with the PIO’s reply. However, Maxium Gorky, PIO/Deputy Director, Urban Local Bodies submitted that complete information had been already furnished and assured that another set of the written submission will be handed over to the appellant.
After hearing both the sides, the Chief Information Commission Heeralal Samariya directed Deputy Director, Urban Local Bodies to send another copy of written submission along with all supporting documents to the appellant-Atul Sudan and submit a compliance report before the Commission.
However, the Commission strongly recommended that Housing and Urban Development Department should take necessary steps for suo motu disclosure of maximum information about release and utilization of funds on its website in compliance of the provisions of Section 4 of the RTI Act in order to promote transparency and accountability in functioning of the Public Authority.
“Such proactive disclosure of information by the Public Authority is also expected to result in the information seekers to minimize resorting to the use of the RTI Act to obtain the information”, the Commission added.
Similarly, an application was filed before the PIO, Youth Services and Sports Department of J&K Union Territory seeking information vis-à-vis year wise details of funds allotted by J&K State Sports Council for Sub Divisions Akhnoor, Khour and Chowki Choura of Jammu district from year 2010 onwards; details of various major projects sanctioned in the Akhnoor, Khour and Chowki Choura including Indoor Sports Stadium Akhnoor, Outdoor Sports Stadium Palma Akhnoor, Sports Courts, Grounds, Playfields etc.
Aggrieved over not receiving any reply from the PIO within time limit, the appellant filed First Appeal and Under Secretary, Youth Services and Sports Department sent a communication to the First Appellate Authority, J&K Sports Council with the request to furnish the information to the appellate directly. However, aggrieved and dissatisfied, the appellant approached the Commission with the Second Appeal
During the course of hearing, Atul Gupta, Executive Engineer and Balwinder Singh, Divisional Sports Officer, were present. Executive Engineer stated that information had been sent vide communication dated 29.06.2024, copy whereof will be handed over to the appellant. It was further stated by him that the Divisional Sports Officer is the actual custodian of information with respect to certain queries. However, the Divisional Sports Officer stated that since no fund was received therefore, no project was undertaken as such no information was available in this regard.
While directing both the officers to furnish replies to the appellant, the Commission has asked Youth Services and Sports Department and J&K Sports Council to take necessary steps for suo motu disclosure of maximum information about various kinds of funds allotted and utilized on their respective websites in compliance of the provisions of Section 4 of the RTI Act.
“This will promote transparency and accountability in functioning of the Public Authorities. Moreover, such proactive disclosure of information is also expected to result in the information seekers to minimize resorting to the use of the RTI Act to obtain the information”, read the order of the Commission.
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