Public authorities must proactively disclose information under the RTI Act to ensure transparency and accountability.

Information sought:

1. The Appellant filed an (offline) RTI application dated 03.11.2023 seeking the following information:

2. The PIO/Executive Engineer, PWD Health Maintenance Electrical Div, South-West furnished a reply to the Appellant on 12.12.2023 stating as under:

3. The PIO/Executive Engineer (Health) Central, PWD furnished a reply to the Appellant on 04.01.2024 stating as under:

4. Being dissatisfied, the Appellant filed a First Appeal dated 26.12.2023.

The FAA order is Not on record.

5. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Present along with Shri Daya Ram Respondent: Shri Amit Kumar, PIO,O/o Executive Engineer, Health Maintenance Electrical Division (SW)- participated in the hearing.

6. Proof of having served a copy of Second Appeal/ Complaint on Respondent while filing the same in CIC on 03.05.2024 is not available on record.

7. The Appellant inter alia submitted that the relevant information has not been furnished to him till date. He averred that non-display of official project name board at the Jwala Puri Hospital construction site is clear violation of Building laws. He stated that he had filed a Grievance on PG portal bearing No. 20230038141 but till date action has not been taken on his grievance petition.

8. Shri Amit Kumar, PIO, O/o Executive Engineer, Health Maintenance Electrical Division (SW) stated that the information sought is not available in their records. Further, actual custodian of information is PIO/Executive Engineer (Health) Central, PWD.

Decision:

9. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the Appellant has sought information relating to non-display of official project name board at the Jwala Puri hospital construction site, in violation of Building Laws, and action taken and file notings in reference to Grievance No. 20230038141. It is observed that the Appellant is aggrieved that information sought for has not been furnished to him till date.

10. During the hearing, Shri Amit Kumar, PIO,O/o Executive Engineer, Health Maintenance Electrical Division (SW), has informed the Bench that the information sought is not available in their records. Further, the information sought in the instant RTI Application falls under the functional and administrative domain of the PIO/Executive Engineer (Health) Central, PWD. Accordingly, Shri Amit Kumar, PIO,O/o Executive Engineer, Health Maintenance Electrical Division (SW), is directed to invoke the provisions of Section 5 (4) of the RTI Act and obtain the relevant information from its custodian, within four weeks from the date of receipt of this order and provide the same to the Appellant within two weeks thereafter.

11. The Commission would like to counsel the Respondent that every Public Authority shall make constant endeavour to take steps in accordance with the requirements of Section 4 of the RTI Act to provide as much information suo moto to the public at required intervals through various means of communications, including internet, so that public does not have to resort to the use of RTI Act to obtain basic information. The Commission notes that upfront disclosure of construction related information viz. project name, name of developer, building plan, layout, permission, sanction, date of start, date of completion etc. in public domain would facilitate public scrutiny and safeguard the interest of stake holder.

12. The Commission in its earlier order dated 29.10.2024 in file No. CIC/DSIDC/A/2023/130549 had given similar directions related to information regarding upfront