(Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to publish all the Government Department Orders (G.O.) Notifications and Rules, Circulars in Internet, and only then the aggrieved people, will get quick remedy from their sufferings, by considering the petitioner's representation, dated 17.02.2016.
S. Manikumar, J.
Mr.K.K.Ramesh, party-in-person, has prayed for a Writ of Mandamus, directing the respondent to publish all the Government Orders, Notification and Rules, Circulars in Internet, to enable the public, to know the welfare schemes and other matters of public interest. It is his grievance that when an aggrieved person moves the competent authorities, under the Right to Information Act, 2005, information is not furnished, then and there.
2. We are not inclined to accept the grievance expressed by the petitioner, for the reason that the Right to Information Act, 2005, empowers the authority to decide, as to which detail can be disclosed or not. If the aggrieved person has any grievance over non-furnishing of the details, relating to any specific matter, it is always open to such aggrieved person, to approach the Forum, under the said Act.
3. When matters of public interest, are required to be disseminated, so as to enable the public at large, to know their rights and duties and to avail certain benefits of welfare schemes framed by the Government, we are of the view that there is an element of public interest, in the relief sought for, though the petitioner has not set out under which Act, Public is entitled, as a matter of right, to get details. In this regard, we directed Mr.N.Manoharan, learned Special Government Pleader, to take notice on behalf of the respondents and get instructions.
4. Reverting and on the basis of the instructions, in Letter No.9570/AR.II/2016-1, dated 10.03.2016, of the Principal Secretary to the Government, Personnel and Administrative Reforms (AR-II) Department, Mr.N.Manoharan, learned Special Government Pleader, submitted that all the public related and generic Government Orders, Notifications and Rules, are published in Internet. He further submitted that all the Government Orders and Notifications, in respect of Welfare measures to the public, are also published, by the concerned Administrative Departments, in Tamilnadu Government's Website.
5. Added further, learned Special Government Pleader submitted that the Government of Tamil Nadu have issued G.O.(D)No.22, Information Technology (B4) Department, dated 11.07.2014, directing, all the Departments of the Secretariat and their respective Heads of Departments, to update the web content, in the State Portal through the Content Management System (CMS), by utilizing the services of the designated officials. He also submitted that necessary training on the Content Management System, would be given to the designated officials, by the National Informatics Centre (NIC) and Tamil Nadu E-Governance Agency (TNEGA). G.O.(D)No.22, Information Technology (B4) Department, dated 11.07.2014, is extracted hereunder:
GOVERNMENT OF TAMIL NADU
ABSTRACT
Information Technology Department ? State Portal ? Content Management System (CMS) integrated with State Portal (SP) ? Updation of content in the State Portal (SP) by the respective Departments through the Content Management System (CMS) ? Enabling Order ? Issued.
Information Technology (B4) Department
G.O.(D)No.22
Dated 11.07.2014
Tamil
Read:
1. G.O.(D)No.20, Information Technology Department, dated 06.08.2009
2. Government Letter No.3568/IT(B4)/2009, Information Technology Department, dated 09.09.2009.
3. From the Chief Executive Officer, Tamil Nadu e-Governance Agency (TNEGA) Letter No.1770/CMS/2013, dated 10.01.2013.
*****
ORDER:
In the Government Order 1st read above, administrative approval has been accorded by Government for implementation of the Project Facilitating Services through CSCs by enabling implementation of State Portal (SP), State Services Delivery Gateway (SSDG) and Electronic forms in Tamil Nadu?and Tamil Nadu e-Governance Agency (TneGA) has been nominated as the nodal agency for the project.
2. In the letter 3rd read above, the Chief Executive Officer, Tamil Nadu e-Governance Agency (TNEGA) has informed that the National Informatics Centre (NIC) has developed the State Portal (SP), as per the guidelines issued by Government of India. The State Portal will be the single face of the Government for all transactional servies, information etc. He has further informed that a web based Content Management System (CMS) for contribution of content to the State Portal has been developed by National Informatics Centre. Under the Content Management System, the content management of the State Portal shall vest with the respective departments.
3. In this regard, the Chief Executive Officer, Tamil Nadu e-Governance Agency has requested that officers be nominated by the departments for contribution of Content to the State Portal through the Content Management System and that an enabling order be issued by Government in this regard.
4. After careful examination of the above proposal, the Government direct that all the Departments of Secretariat and their respective Heads of Department update the web content in the State Portal through the Content Management System (CMS) by utilizing the services of the designated officials. The roles and responsibilities listed in the Annexure to this order have to be mandatorily performed by the respective designated officials.
5. The Departments of Secretariat and their respective Heads of Department are requested to ensure that the content pertaining to their respective Departments is updated regularly using the Content Management System developed by National Informatics Centre (NIC). Ultimately responsibility for all content will lie with the Secretaries and Heads of Departments concerned. Hence, they may put in place appropriate control mechanisms for interval vetting and approval of content within the respective Departments. Necessary training on Content Management System will be given to the designated officials by the National Informatics Centrel (NIC) and Tamil Nadu e-Governance Agency (TNEGA).
(BY ORDER OF THE GOVERNOR)
T.K.RAMACHANDRAN
SECRETARY TO GOVERNMENT.
6. The Works Manager, Stationery and Printing Department, Madurai District, present in Court, submitted that notifications, regarding change of name, change of religion, etc., are published in Government of Tamil Nadu Website, for which, a specific charge is collected. The details of the information furnished by the Department of Stationery and Printing, in Government Press, are as follows:
| Sl.No. | Parts and Section | Details |
| 1 | Part I | Notifications or orders issued by Secretariat Departments regarding Promotion and Dismissal of All India Services. Condolence, appointment of Magistrates, Notifications regarding, Portfolios Change among the Honourable Ministers. |
| 2 | Part IISection 1 | Notifications or orders of specific character or of particular interest to the public issued by Secretariat Department, etc., changes in Fiscal levies, excise duties, sales tax or regulations of distribution of essential commodities. Tamil Nadu Land Reforms Act, Unlawful Activities (Prevention) Act, Irrigation from Dam, Public Holidays Declaration. |
| Part IISection 2 | Notification Regarding Tamil Nadu Motor Vehicle Taxation Act, Exemption from tax, Indian Stamp Act, Code of Criminal Procedure, Traffic Points of Police Station, Industrial disputes, Tamil Nadu Protection of Interests of Depositors, Tamil Nadu Chief Minister's Award Police Department, Tamil Nadu Forest Act, Indian Christian Marriages Act, Tamil Nadu Town and Country Planning Act Variation of Master Plan, Official Secrets Act, Indian Made Foreign Spirits Manufacturer Rules, Land Acquisition Act, Tamil Nadu Universities Act, Tamil Nadu Pollution Control Act. etc., | |
| 3 | Part IIISection 1(a) | General Statutory Rules, Notifications, Orders, Regulations, etc., issued by the Secretariat Departments, e.g., Amendments to Chennai Pharmacy Council Rules. |
| Part IIISection 1(b) | Services Rules including Ad hoc Rules and Regulations and Notifications issued under the provisions of the Constitution of India, e.g., Amendments to Special rules for state and Subordinate services. | |
| Part IIISection 2 | Statutory Notifications and Orders issued by the Heads of Departments. | |
| 4 | Part IV Section 1 | Tamil Nadu Bills. |
| Part IV -Section 2 | Tamil Nadu Acts and Ordinances. | |
| Part IV -Section 3 | Central Bills. | |
| Part IV -Section 4 | Central Acts and Ordinances. | |
| 5 | Part V Section 1 | Notification of Public (Elections) Department, Government of Tamil Nadu. |
| Part V -Section 2 | Election Notifications by Heads of Departments. | |
| Part V -Section 3 | Decision of the Governor of Tamil Nadu under Article 192 of the Constitution of India in regard to question of disqualification of member of the Legislature. | |
| Part V -Section 4 | Notification of the Election Commission of India. | |
| 6 | Part VI -Section 1 | Notifications issued by Heads of Departments, which are of interest to the public. Tamil Nadu Co-operative Societies Act, Registration and Cancellation, Tamil Nadu Urban Land Ceiling and Regulation Act, Land Acquisition, Town and Country planning multi-storeyed building Notifications - Judicial Notifications - Tamil Nadu Medical Council Election - Appointment of Election officer. |
| Part VI -Section 2 | Notifications issued by the Heads of Departments, which are of interest to a Section of the public. District Collectors - Tamil Nadu Panchayats Act - State Election Commission Notification - Removal of Panchayat Chairman, Tamil Nadu Legal Services Notification - Tamil Nadu Electricity Regulatory Commission Government Examination Loss of Certificates. | |
| Part VI -Section 3 (a) | Notifications issued by cost-recoverable institutions of State and Central Government. Judicial Notifications - I.P. Notices - State Port Trust - Tamil Nadu Wakf Act. | |
| Part VI -Section 3 (b) | Notifications issued by Quasi-Government Bodies and Public Sector Undertakings. Tamil Nadu Electricity Board - University Authorities Reports. | |
| Part VI -Section 4 | Change of Name both (Tamil and English) by individuals, Advertisements by Private individuals and private institutions, Notifications under Company Law. |
| 1 | Details of subscription | The Subscription for the supply of full Gazette or for requisite parts/sections of the Gazette is accepted. The subscription is accepted for a period of 6 months and more. The period of subscription will commence from the first day of any month succeeding the payment of subscription. |
| 2 | Procedure to get copy of particular Gazette | People desirous of getting any particular Gazette may contact the Assistant Director (Publications), Government Publication Depot, 110, Anna Salai, Chennai-2.Note: Gazette copies are not retained for sale for more than one year. Hence, people are kindly requested to obtain the copy immediately after publication to avoid disappointment and inconvenience. |
| 3 | For any suggestion/complaints | Assistant Director (Publications), 110, Anna Salai, Chennai-2.Telephone No. 044 2852 0038, 2854 4412, 2854 4413 |
8. According to the Works Manager, Notifications or Government Orders of public interest, issued by the Secretariat Departments, are published at the Headquarters and copies are sent to the Departments. The following are the Extra-Ordinary Publications, issued on 03.03.2016 is extracted. Similar publications have been made on various dates.
| Issue No. and Date | Particulars |
| 13 - dt. 30-03-2016 | * Notifications or Orders regarding first appointments, investiture of magisterial powers, etc., issued by Secretariat Departments.* Notifications or Orders of interest to a section of the public issued by Secretariat Departments* General Statutory Rules, Notifications, Orders, Regulations, etc., issued by Secretariat Departments. * Service Rules including Ad hoc Rules, Regulations, etc., issued by Secretariat Departments. * Notifications of interest to the General Public issued by Heads of Departments, Etc. * Notifications of interest to a section of the public issued by Heads of Departments, etc. * Notifications issued by cost recoverable institutions of State and Central Governments. * Advertisements by private individuals and private institutions |
10. In Black's Law Dictionary (Sixth Edition), 'Public Interest', is defined as follows:
"Public Interest Something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interest of the particular localities, which may be affected by the matters in question. Interest shared by citizens generally in affairs of local State or national government.................."
11. According to P. Ramanatha Aiyar's, The Law Lexicon (2nd edition; Reprint 2007) at page 1557, "Public interest? means, those interest which concern the public at large.
12. Right to Information Act, 2005 is an Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
13. As per Section 3 of the Right to Information Act, subject to the provisions of the Act, all citizens shall have a right to information.
Section 4 of the Act deals with obligations of public authorities and the said Section is extracted hereunder:
(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 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 sub-section (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.
14. Section 8 of the Act deals with certain exemptions from disclosure and it reads as follows:
8. Exemption from disclosure of information.
(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,-
(a) information, disclosure of which would prejudicially affect the sovereinty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
(b) information which has been expressly forbidden to be published by any Court of law or Tribunal or the disclosure of which may constitute contempt of Court;
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physically safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reason thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemption specified in this section shall not be disclosed;
(i) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-Section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-Section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request made under Section 6 shall be provided to any person making a request under that Section:
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act .
15. What is statutorily mandated under Section 4(2) of the Right to Information Act, 2005, is dissemination of, ''as much information suo motu'', to the public at regular intervals through various means of communication, including Internet, so that the public have minimum resort to the use of Act to obtain information. Sub-Section (4) of Section 4 of the Act states 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 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.
16. Maintenance of all the records, to be duly catalogued and indexed in a manner and the form, which facilitates the right to information under the Act and to ensure that all records that are completely computerised, would necessarily take considerable time. However, having regard to the mandate of the Right to Information Act, 2005, under Sections 4(1)(b)(xii)(xiii), 4(1)(c) and 4(2) to 4(4) of the Act, we are of the view that the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes, and the decisions affecting public, can be published in the Internet and other modes of communication, which would be helpful to the general public, and on the aspect of cost effectiveness, it would be less, when compared to other modes of communication, through notice boards, newspapers, public announcements, media broadcasts, so that, public may have a minimum resort to use the Right to Information Act, 2005, to obtain information. In a growing country like India, many may not have access to the information disseminated through Internet and hence the other modes of communication require to be continued, considering the mandate of the Right to Information Act, 2005, ''as much information in public interest, be published in Internet.
17. One of the contentions of the petitioner is that G.O.Ms.No.498, Revenue Department, dated 05.09.2007, which speaks about the requirement for obtaining free house site, though searched by him, in Internet, is not available. According to him, other beneficial Government Orders, issued in respect of many beneficial schemes, under various Acts, are not available in the Internet. On the above, it is always open to the petitioner to seek for information from the concerned.
18. When we searched through Internet, we find that in Tamil Nadu Government Website, Government Orders, Notification and Rules, Circulars of public interest, are published department-wise, in PDF Format (Portable Document Format). Merely because, the petitioner is not able to get the above said Government order from the Internet, it cannot be said that the Government have not published various welfare schemes in the Internet. It is always open to the petitioner or any other interested person to go through the Tamil Nadu Government Website and have access to the Government Orders of Public Interest. There is a separate column, ''Press Releases'', and the said Portal contains the details of the documents released in Press. In the District Collectorates' Website also, there are details of various schemes.
19. "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. ''As much information'', suo motu has to be disseminated, as per Section 4 of the Right to Information Act.
20. Many welfare schemes have been launched by the Government for Ex-servicemen, old aged person, destitute women, children, unemployed, public health, education, social welfare and many more, and they are required to be published in the Internet, so as to enable the beneficiaries to take advantage of the same and apply to the competent authorities. Tamilnadu Government Website contains the details of such schemes.
21. No doubt, publication of all the details of welfare schemes, framed from time to time, may take some time, but in terms of Section 4(2) of the Right to Information Act, 2005, such dissemination of information, would enable the public to have easy access to information and minimum resort to use of Right to Information Act, 2005. It reduces the work of Public Information Officer of all the Departments and also cost effectiveness. However, dissemination of such information is subject to the restrictions imposed in the said Act.
22. At this juncture, we wish to state that in the Collectorates, Stock Files would be maintained for each department. So also, in the Heads of the Departments, the Directorate of Archives would maintain old records. In so far as the information mandated as per the Statute, directions can be issued by the Chief Secretary to the Government, to the Collectorates, Heads of the Departments and the Departments of Secretariat, for compilation and publication in Internet, subject, of course, to the restriction imposed in the Act. In this context, it is to be noted that the Government have already issued orders in G.O.(D)No.22, Information Technology (B4) Department, dated 11.07.2014.
''4. After careful examination of the above proposal, the Government direct that all the Departments of Secretariat and their respective Heads of Department update the web content in the State Portal through the Content Management System (CMS) by utilizing the services of the designated officials. The roles and responsibilities listed in the Annexure to this order have to be mandatorily performed by the respective designated officials.''
23. The Government have taken steps and going through the Tamilnadu Government Website, we could see that Government Orders of Public Interest of various Departments have been published. By the abovesaid G.O., a specific mechanism has been evolved and directions have been issued. As the Government have already taken appropriate action in this regard, there is no need to issue any Mandamus, to the Chief Secretary, Government of Tamilnadu, except to observe that implementation of G.O.(D)No.22, Information Technology (B4) Department, dated 11.07.2014, be done in letter and spirit.
24. With the above observation, the Writ Petition is disposed of. No costs.