Friends,
CIC decision placed below establishes a dangerous trend for diluting RTI Act. Following aspects are subject to mis-interpretation and can be misused by Public Information Officer to deny access to public records:
" Misusing the RTI Act to settle personal scores with his former employer."
"Vexatious applications can be summarily dismissed at the level of the CPIO"
" applications are not being preferred in public interest" and
"are in fact adversely impacting the functioning of the public
authority instead of strengthening"
Learned CIC has erred in arriving at such conclusions, while rejecting the second appeal. It could have been rejected on other grounds. Applicant was given an opportunity to inspect the records and he did not do so. Although CIC was correct in rejecting the second appeal, it was not necessary to do so on grounds not contemplated in RTI Act.
Dhirendra Krishna
.....................................................................................................................................
Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/LS/C/2009/000770DS
Appellant /Complainant : Dr. Rajender K. Singla
Public Authority :Arjun Dev, Registrar Education O/o Director Higher Education,Chandigarh
(Sh. Surinder Singh,Director,
Sh. Ram Lal, Superintendent,
Sh.S.P. Puri
Sh. R.C. Sharma and Sh. G.K.Bhatia)
Date of Hearing : 25/02/2011
Date of Decision : 25/02/2011
Facts:
1. Dr. Rajinder K. Singla preferred RTI request dated 20.8.2009 before the CPIO, o/o Director
Higher Education, Chandigarh Administration, seeking
information regarding grantinaid given to DAV
College etc. through four points – enclosed herewith
as Annexure `A'.
2. The CPIO, vide his letter dated 16.10.2009,
offered opportunity of inspection of all records to
the appellant and asked him to visit the office of
the Principal. Appellant, however, did not take up
this opportunity and instead preferred second appeal
before the Commission. The matter was heard today.
Respondents were present as above. Appellant did not
appear.
3. Respondents stated that the appellant was
in the habit of preferring RTI applications and had
to date preferred 250 RTI applications (This fact is
also confirmed by the appellant in his written
submissions), through which he seeks voluminous and
old information. Usually, the appellant does not
appear before the First Appellate Authority when his
appeal comes up for hearing and has also provided an
address at which he does not live for receiving theinformation.
They submitted that the appellant who is a former
contractual employee of D.A.V. College
has already been provided information under the
present RTI application running into over 200 pages
and have so far provided him thousands of pages of
information against his other RTI applications,
thereby causing disruption in normal work and strain
on their financial resources.
Decision
4. After hearing the averments of the
respondents and on perusal of the facts on record,
the Commission concludes that undoubtedly, the
appellant is misusing the RTI Act to settle personal
scores with his former employer. The Commission
rules that such vexatious applications can be
summarily dismissed at the level of the CPIO since it
is obvious that these applications are not being
preferred in public interest and are in fact
adversely impacting the functioning of the public
authority instead of strengthening it, which is
contrary to the letter and spirit of the RTI Act.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T. K. Mohapatra)
Under Secretary & Dy. Registrar
Tel No. 01126105027
Copy to:
1. Dr. Rajender K. Singla
House No. 62A,
Sector 30B,
Near Shiv Shakti Mandir,
Chandigarh.
2. The CPIO,
o/o Director Higher Education,
Chandigarh Administration,
Chandigarh.
3. The CPIO,
DAV College, Sector 10,
Chandigarh.
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