‘Step to boost transparency, enhance trust of the citizens’
Mohinder Verma
JAMMU, Jan 28: Central Information Commission (CIC) has stressed that all Public Authorities of the Union Territory of Jammu and Kashmir must publish minutes of the meetings on their respective websites as this step will not only boost transparency but also enhance trust of the citizens for whom they are functioning.
The thrust was laid on this important aspect by the Chief Information Commissioner Heeralal Samariya while disposing off Second Appeal filed against the Housing and Urban Development Department of Union Territory of Jammu and Kashmir.
As per the case before the Central Information Commission, an application was filed before the Public Information Officer, Housing and Urban Development Department on January 27, 2022 seeking information vis-à-vis minutes of the meeting of 83rd, 84th and 85th Board of Directors of Jammu Development Authority; dates of possession letter of every plot allottees for Gole Gujral Colony for the JDA Plot Scheme 2014; plot allottees who have been given backdated possession letters when the various plots are still under litigation.
The PIO vide letter dated February 26, 2022 replied: “As reported by APIO Secretary in this regard, it is submitted that the applicant be asked to be specific in seeking the information as the information is not directly linked to the applicant”.
Dissatisfied with the response received from the PIO, the appellant filed First Appeal dated March 25, 2022 which was not adjudicated and aggrieved and dissatisfied, the appellant approached the Central Information Commission with the Second Appeal.
During the course of hearing, the respondent reiterated that information was duly provided to the appellant in terms of provisions of the RTI Act.
Finally, the Chief Information Commissioner observed, “perusal of records of the case reveals that most of the information from available records has been provided by the respondent. However, the minutes of meetings as sought by the appellant had not been furnished”.
“Publishing of such minutes of meetings of Public Authorities like the Jammu Development Authority shall not only boost transparency but also enhance trust of the citizens, for whom such Public Authorities are functioning”, the Chief Information Commissioner said and stressed that all Public Authorities of Union Territory should publish minutes of meetings on their respective websites.
Accordingly, in terms of the Section 19(8)(iii) of the RTI Act, the Commission recommended the respondent to publish on their website the general contents of such minutes of meetings, redacting any information which falls within the provisions of Section 8 or 9 of the RTI Act.
“The directive of the Central Information Commission will go a long way in securing information through the respective websites of the Public Authorities as generally it has been seen that minutes of the meetings are not disclosed”, sources said, adding “even those Public Authorities which were posting minutes of meetings on their websites in the past have presently stopped this exercise”.
The Sub-Section 8 of Section 18 of the RTI Act states: “The Central Information Commission or State Information Commission, as the case may be, has the power to require the Public Authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including by providing access to information, if so requested, in a particular form; by publishing certain information or categories of information; by making necessary changes to its practices in relation to the maintenance, management and destruction of records”.
However, as per the provisions of Section 8 of the RTI Act, there shall be no obligation to give any citizen information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.
Likewise, Section 9 of the Act read: “Without prejudice to the provisions of Section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State”.
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