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Calcutta High Court · body

2016 DIGILAW 52 (CAL)

Tara Sankar Ghosh v. State of West Bengal

2016-01-15

JOYMALYA BAGCHI, MANJULA CHELLUR

body2016
JUDGMENT : The present application is filed as a public interest litigation complaining that in terms of Section 4 of the Right to Information Act details as required under the said provisions has not displayed by the Aquaf authorities. JUDGMENT : The present application is filed as a public interest litigation complaining that in terms of Section 4 of the Right to Information Act details as required under the said provisions has not displayed by the Aquaf authorities. It is relevant to mention Section 4 of the Right to Information Act which reads as under:- "4(1) Every public authority shall- (a) maintain all its records duly catalogues and indexed in a manner and the form which facilities the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of sources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated; (b) publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions an duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by its or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by its, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year;" 2. According to petitioner, none of the provisions of Section 4 are complied with by the respondent authorities therefore, the present public interest litigation is filed. 3. It is further contended that though there was a website of the respondent authorities, it did not contain all the required information and after sending an application even the website is removed. Section 4(1) contains two parts (a) and (b). So far as (b) is concerned there is a time limit within which the details mentioned in sub-Section (b) of Section 4(1) is to be published. So far as sub-Section (a) it depends upon various aspects including availability of resources and availability of network all over the country in that regard. 4. To the extent of section 4(1)(b) there is an obligation on the respondent authorities to put it on the website the details contained in sub-Section (b) of Section 4(1). It is also pertinent to mention that if such website is not available, it is open to the applicant to make an application seeking specific details and not a general application. If such information which is required to be maintained in registers and official records is asked, the authorities are bound to furnish such information. If information is not furnished then an appeal can also be filed under the enactment in accordance with the procedure. 5. Learned counsel representing the appellate authority submits except forwarding copy of the representation given to the Excellency Governor of West Bengal no pertinent materials have been furnished in accordance with the procedure. 6. In that view of the matter, we dispose of the writ petition directing the petitioner to approach the authorities concerned in proper application seeking definite details and not an abstract application. 7. We also make it clear that respondent authorities are under an obligation so far as the Section 4(1)(b) to create a website and furnish the details as envisaged under Section 4(1)(b) of the Act within the time frame. 8. With these observations, the petition is disposed of.