The State Information Commission (SIC) of Haryana has ruled that all government departments in the state must fully implement the mandate of Section 4 of the Right to Information (RTI) Act, 2005. This directive obligates public authorities to proactively disclose information and undergo annual third-party audits of their disclosures.
Statutory Obligations Under Section 4
Section 4 of the RTI Act requires public authorities to maintain all records in a catalogued and indexed manner for easy public access. It also mandates publishing details of organisational structure, functions and duties of officers, decision-making procedures, salary structures, budget allocations, and facts related to policies and announcements, including reasons for quasi-judicial decisions. Furthermore, public authorities must take steps to provide information suo motu and disseminate it widely.
Background of the Complaint
The order stemmed from an RTI application filed by complainant Kshitij Dutta on May 13, 2024. He sought information regarding suo motu disclosures under Section 4 from the office of the Excise and Taxation Commissioner (ETC) and Secretary, Excise and Taxation Department, Haryana. During the hearing, the State Public Information Officer (SPIO) of the department, Satbir Singh, submitted that the requested information pertained to multiple branches—GST/VAT, Excise, Enforcement, Legal, Computer/IT, Accounts, and Administration—and that information related to his branch was provided via a letter dated June 9, 2026.
Commission's Observations and Directions
State Information Commissioner Dr Ajay Kumar Sura observed that “no material has been placed on record to establish that the RTI Application was transferred to the concerned deemed SPIOs/branches within the period prescribed under the RTI Act, 2005.” He added, “It is incumbent upon the SPIO to obtain the information from the concerned custodians/deemed SPIOs and furnish a consolidated response to the information seeker.” The Commissioner also noted that the appellant highlighted a 2019 Department of Personnel and Training (DOPT) memorandum, which recommends that each ministry or public authority have its proactive disclosure audited by a third party annually. The audit should identify any additional information that could be proactively disclosed.
Order and Implementation
In its order dated June 22, the Commission directed all public authorities to ensure that all information required to be disclosed suo motu under Section 4 is “uploaded on their respective official websites and made easily accessible to the public.” It further stated, “They shall further ensure that such disclosures are periodically reviewed, updated, and maintained in accordance with the provisions of the RTI Act, 2005.” The Commission Secretariat was also directed to forward a copy of the order to the office of the Chief Secretary, Haryana, “for dissemination to all Administrative Secretaries and Heads of Departments for necessary action.”
