Roshan Luke Mathias v. Village Panchayat Of Candolim
2019-09-25
M.S.SONAK, NUTAN D.SARDESSAI
body2019
DigiLaw.ai
JUDGMENT : M.S. Sonak, J. Heard Mr. Carlos Alvares Ferreira, learned Counsel for the Petitioner, Mr. Pankaj Vernekar, learned Counsel for Respondent No. 1 and Mr. Manish Salkar, learned Government Advocate for Respondent No. 2. 2. Rule. Heard forthwith with the consent of the learned Counsel for the parties. 3. This petition has been filed in public interest seeking writ of mandamus to the Respondent No.1 to comply with the obligation under Section 4 of the Right To Information Act,2005. 4. Section 4 of the Right To Information Act (RTI Act), reads as follows: "4.
2. Rule. Heard forthwith with the consent of the learned Counsel for the parties. 3. This petition has been filed in public interest seeking writ of mandamus to the Respondent No.1 to comply with the obligation under Section 4 of the Right To Information Act,2005. 4. Section 4 of the Right To Information Act (RTI Act), reads as follows: "4. Obligations of public authorities.- (1) Every public authority shall- (a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates 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 resources, 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 and 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 it 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 it, 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; (c) publish all relevant facts while formulating important policies or announcing the decisions which affect public; (d) provide reasons for its administrative or quasi-judicial Right to information decisions to affected persons.
(2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of subsection (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. (3) For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public. (4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. Explanation.-For the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority. 5. In so far as Section 4(1)(a) of the RTI Act is concerned, the same obligates every public authority to maintain all its records duly catalogued and indexed in a manner and in the form which facilititates the right to information under the RTI Act and to ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different system so that access to such records is facilitated. 6. The expression "public authority" has been defined under Section 2(h) of the said Act to mean any authority or body or institution of such self-government established or constituted by or under the Constitution; by any other law made by Parliament; by any other law made by State Legislature; by notification issued or order made by the appropriate Government and includes any body owned, controlled or substantially financed; non-Government organisation substantially financed directly or indirectly by funds provided by the appropriate Government.
Taking into consideration the definition of the expression "public authority" under Section 2(h) of the RTI, there can be no dispute that the Respondent No. 1, which is Village Panchayat of Candolim is a public authority for purposes of the RTI Act. Therefore, the obligations under Section 4 of the RTI Act are required to be discharged by the Respondent No. 1 in the present case. 7. As noted earlier, Section 4(1) (a) obligates the Respondent No. 1 to maintain its records duly catalogued and indexed in a manner and the form which facilitates the right to information under the RTI Act and to ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated. The maintenance of records, its cataloguing and indexing is the obligation which is not linked to availability of resources. Only the issue of computerisation and connection of network all over the country is subject to availability of resources. 8. The Petitioner, in the present case, has placed on record documents relating to the financial health of the Respondent No. 1, in the form of Annual Accounts of Income And Expenditure. From the documents, it cannot be said that there is any serious dearth of resources insofar as the Respondent No. 1 is concerned and so far as compliance with obligations under the latter part of Section 4(1)(a) of the RTI Act are concerned. 9. However, it is to the credit of Respondent No. 1- Panchayat that in its monthly meeting held on 13.09.2019, it has resolved to the creation of a website for suo moto publication of information relating to certain matters, are appropriately filed within the realm of RTI Act. The resolution No. 6(1) passed by the Respondent No. 1 in its monthly meeting held on 13.09.2019, in relation to creation of a website for the Village Panchayat of Candolim, reads as follows: "At the Gram Sabha Meeting held on 24.02.2019, the Village Panchayat was in receipt of a proposal requesting the Panchayat to consider creation of a website for suomoto publication of important information relating to the affairs of the Panchayat. The Village Panchayat was also in receipt of letter dated 20.03.2019 to the same effect, from one Shri Roshan Mathias.
The Village Panchayat was also in receipt of letter dated 20.03.2019 to the same effect, from one Shri Roshan Mathias. In the meanwhile, the said Roshan Mathias has also filed a PIL Writ Petition bearing No. 42/2019 before the Hon'ble High Court of Bombay at Goa, substantially seeking the same reliefs as demanded vide his letter dated 20.03.2019. In the light of the aforesaid facts and circumstances, the captioned subject-matter was placed before the Panchayat Body Meeting today and the said subject was thoroughly deliberated by the members present. After detailed discussion, the members were of the opinion that the Panchayat was agreeable to the creation of the website for suo-moto publication of information relating to: (a) Names and contact details of the village panchayat, its office-bearers, staff, its various development committees, contact details of sewage suction trucks, garbage trucks, panchayat ambulance, towing van etc; (b) Notices of the meetings of the Gram Sabha and Special Gram Sabha; (c) Notices regarding various Government Schemes; (d) And such other information/records relating to the affairs of the Panchayat that appropriate and feasible to be computerized. The members were of the opinion that since the Village Panchayat will have to select/finalize a web designer by taking quotations etc., the web designer will need time to design the website and upload information and expenditure sanction may also be required to be taken from the Block Development Officer/Director of Panchayat, in terms of the rules in force. Considering these facts, the members felt that the process of creating website for dissemination of the above information may take around 6 months. The members accordingly decided to move the proposal for the aforesaid purpose on priorty basis. Above resolution is unanimously approved and passed by the Panchayat Body in its meeting held on 13th September,2019. Proposed by: Aniceto Fermino Fernandes Seconded by: Salvador Blaize Fernandes." 10. The aforesaid resolution dated 13.09.2019 has been placed on record by the Secretary of the Village Panchayat by filing an affidavit. The affidavit states that in order to give effect to the aforesaid resolution, the Panchayat will have to select/finalize a web designer by taking quotations etc. or by inviting tender. The affidavit states that the web-designer will require some time to design the website and the affidavit also states that the expenditure sanction may require permission from the Block Development Officer/Director of Panchayat in terms of the rules in force.
or by inviting tender. The affidavit states that the web-designer will require some time to design the website and the affidavit also states that the expenditure sanction may require permission from the Block Development Officer/Director of Panchayat in terms of the rules in force. Considering all these aspects, the Panchayat seeks around 6 months time for effective compliance of the resolution. The affidavit also states that in view of the aforesaid resolution, the petition may be disposed of. 11. Mr. Vernekar, learned Counsel for the Respondent No. 1 also submitted that suitable directions may be issued to the officials of Respondent No. 2, so that there is no unnecessary delay in the matter of sanction, without which the Respondent No. 1 will not be able to expend much amounts towards implementation of the aforesaid resolution. 12. According to us, since the Respondent No. 1 is only, but partially complying with its obligation under Section 4 of the RTI Act, there should be no difficulty in the Block Development Officer or the Director of Panchayat or other concerned officials of the Respondent No. 1 expeditiously sanctioning expenditure necessary for this purpose. 13. Accordingly, we direct the concerned officials of the Respondent No. 2 to dispose of applications made by Respondent No.1 for sanctions in order to implement the obligations under Section 4 of the RTI Act as expeditiously as possible and in any case within four weeks from receipt thereof. The Respondent No. 1 Panchayat to also comply with all procedural and other formalities necessary to seek the sanction, so that, the officials of Respondent No. 2 have the entire material before them to decide on the issue of sanction. 14.
The Respondent No. 1 Panchayat to also comply with all procedural and other formalities necessary to seek the sanction, so that, the officials of Respondent No. 2 have the entire material before them to decide on the issue of sanction. 14. Section 4(1) (b) of the RTI Act requires that every public authority, which will include Respondent No. 1 to publish within 120 days from the enactment of the RTI Act, the following: (i) the particulars of its organisation, functions and 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 subsidey 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 it, reducted 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; 15.
The Respondent No. 1- Panchayat is hereby directed to comply its obligations in terms of Section 4(1) (b) of the RTI Act as expeditiously as possible and, in any case, within a period of 6 months from today. Since, the website will also be in place within 6 months from today, it will only be appropriate if information, in terms of Section 4(1) (b) of the RTI Act is made available on such website, at least to the extent it is possible. We direct accordingly. 16. Section 4(1) (c) of the RTI Act obligates every public authority which will include the Respondent No. 1-Panchayat to publish all relevant facts while formulating important policies or announcing the decisions which affect public. Further, Section 4(1) (d) of the RTI Act, further obligates the public authorities, which will include the Respondent No. 1-Panchayat, to provide reasons for its administrative or quasi-judicial decisions to affected persons. We direct that the obligations under Section 4(1)(c) and 4(1)(d) be also duly discharged by the Respondent No. 1-Panchayat. 17. Section 4(2) of the RTI Act provides that it shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo moto to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. We are only reminding the Respondent No. 1 of the provisions of Section 4(2) of the said Act so that Respondent No.1 makes constant endeavours as expected from this legislative provision. 18. Similarly, Section 4(3) of the RTI Act provides that for the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easilly accessible to the public. This is the reason why we have directed the Respondent No. 1-Panchayat, to the extent possible, to publish the information in terms of Section 4(1)(a) and 4(1)(b) on its website which is expected to be ready within 6 months from today. 19.
This is the reason why we have directed the Respondent No. 1-Panchayat, to the extent possible, to publish the information in terms of Section 4(1)(a) and 4(1)(b) on its website which is expected to be ready within 6 months from today. 19. In compliance with the provisions of Section 4 of the RTI Act, the Respondent No. 1 should be alive to the provisions of Section 4(4) of the RTI Act which provides that all materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. The explanation of Section 4 of the RTI Act provides that for the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public authority through notice boards, newspapers, public announcements, media boradcasts, the internet or any other means, including inspection of offices of any public authority. The Respondent No. 1-Panchayat, in the present case shall have due regard to the provisions of sub-sections (3) and (4) of Section 4 of the RTI Act as also the explanation to Section 4 of the RTI Act. 20. With the aforesaid directions, we dispose of this petition. However, we direct the Respondent No. 1-Panchayat to file a compliance report in this Court on or before the 15th April,2020 after service of advance copy to the learned Counsel for the Petitioner as well as the Petitioner himself, who is stated to be a rate payer from the Candolim Village. 21. Rule is made absolute in the aforesaid terms. There shall be no order as to costs. 22. We acknowledge the effective assistance rendered by Mr. Carlos Ferreira, the learned Counsel for the Petitioner as well as the extremely reasonable approach adopted by Mr. Pankaj Vernekar, learned Counsel for the Respondent No. 1-Panchayat and Mr. Manish Salkar, learned Government Advocate for Respondent No. 2- State of Goa, in the present petition. 23. All concerned to act on basis of authenticated copy of this judgment and order.