Compliance with RTI Disclosure Requirements
Subject : Administrative Law - Right to Information (RTI)
The Central Information Commission (CIC) has brought the curtains down on a protracted RTI battle between Dr. Rajendra Singh Bhati and the National Highways Authority of India (NHAI). The ruling underscores the critical balance between a citizen’s right to information and the procedural requirements mandated by the Right to Information (RTI) Act, 2005 .
The case originated from a December 2024 RTI application filed by Dr. Bhati, who sought comprehensive details regarding the establishment of a petrol pump by Indian Oil Corporation Limited in Bhankrota, Jaipur. Specifically, the appellant requested certified copies of No Objection Certificates (NOCs), site plans, distance compliance measurements, and construction records issued by the NHAI.
The NHAI, acting through the Project Director in Jaipur, initially directed the appellant to remit a fee of Rs. 12/- to cover the cost of copying six pages of documentation, citing Section 7 of the RTI Act. Dissatisfied with the perceived lack of promptness and the fee demand, the appellant escalated the matter through the First Appellate Authority and finally to the CIC.
During the Second Appeal proceedings, the absence of the appellant from the hearing meant the Commission relied on written submissions and the respondent’s evidence. The NHAI contended that its operational procedures were fully compliant with the Act.
The respondent submitted documentation confirming that once the requisite fees were processed, the requested information—including site inspection reports and approval orders—was dispatched via their letter dated March 6, 2025. This, they argued, fulfilled their statutory obligation to the appellant.
Information Commissioner Jaya Varma Sinha, presiding over the case, emphasized that the core purpose of the RTI Act is to ensure transparency, provided the applicant adheres to the established procedural norms of the Act.
The judgment highlighted: * "The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, observes that a suitable reply based on available records and in accordance with provisions of the RTI Act was given to the appellant." * "Moreover, the appellant has not participated in the hearing to contest his case. Hence, no further action lies in the instant second appeal."
The Commission ruled that since the information sought had been provided in full following the payment of the prescribed fees, the grievance had been effectively redressed. By disposing of the appeal, the CIC reaffirmed that RTI proceedings are not intended to be interminable; once the public authority performs its duties in accordance with the law, the matter is considered closed.
This decision serves as a reminder to both public officials and citizens that while the RTI Act is a powerful tool for oversight, it functions most effectively when parties adhere to the procedural framework set out within the legislation. For the NHAI, this case marks the conclusion of a routine administrative disclosure process, allowing the agency to move forward with its regulatory oversight of highway access points.
transparency - information access - procedural compliance - administrative accountability - public records
#RTIAct #NHAI
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