Appellant indicated 4 PIOs of different zones to whom the queries pertained; Despite knowing, he filed single RTI application expecting the PIO to collect the information from the zones - CIC: Appellant advised to exercise his right in a judicious manner
10 Jun, 2024
Appellant indicated 4 PIOs of different zones to whom the queries pertained; Despite knowing, he filed single RTI application expecting the PIO Education Department would collect the information from the zones and provide it to the appellant - CIC: No interference required; Appellant advised to exercise his right to information in an informed and judicious manner in the future
Information sought:
The Appellant filed an RTI application dated 25.09.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. seeking the following information:
“Desired information from Schl Id: 2127034 under Zone: 27-
(1) Information regarding dimensions of newly acquired room from SDMC school in 2019 as mentioned in SMC meeting minutes.
(2) Information regarding the current usage (classroom/ HOS room/ staff room) of the said newly acquired room.
(3) Information regarding item-wise SMC fund spent on flooring & repair-renovation of the said newly acquired room.
(4) Copy of the information regarding approval of National Monuments Authority for undertaking flooring & repair-renovation of the said newly acquired room.
(5) Information regarding dispatch number of hard copy of SMC meeting minutes to District Office & VKS Cell HQ from 15-11-2019 to 15-11-2020.
(6) Information regarding number of almirahs purchased by school in - (i) FY 2018-19 (ii) FY 2019-20 (iii) FY 2020-21 (iv) FY 2021- 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
(7) Information regarding number of almirahs which are still lying outside in the open space.
(8) Information regarding number of old record files which are digitalized as per the circular of Dte. of Education HQ.
(9) Information regarding amount of SMC fund spent by DDO in the following months -
(i) January 2019 (ii) February 2019 (iii) March 2019
(10) Information regarding dispatch number with date of reply in r/o online RTI numbered EDUDH/R/20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. /62690/1.
Desired information from Schl Id: 2127179 & 2127021 under Zone 27 -
(11) Information regarding names of HOS with tenure w.e.f. 1-4-2019 to till date.
(12) Information regarding amount of SMC fund spent by school in the following months-
(i) January 2019 (ii) February 2019 (iii) March 2019
(iv) January 2020 (v) February 2020 (vi) March 2020
(vii) January 2021 (viii) February 2021 (ix) March 2021
(x) January 20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. (xi) February 20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. (xii) March 20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Desired information from 0/0 DDE Zone: 27-
(12B) Information regarding action taken by DDE Zone-27 for shifting Schl Id: 2127034 to a bigger premises in Vikram Nagar/Valmiki Basti and upgrading the school to secondary level.
14) Information regarding total number of pages available in file 275/23-12-2019:
(a) number of note side pages (b) number of correspondence side pages
(c) provide legible scan of all the note side pages
(d) provide legible scan of all the correspondence side pages
(15) (a) Information regarding diary number with date of supplementary reply received from Schl Id: 2127034 in r/o online RTI numbered EDUDH/R/20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. /62690/1.
(15) (b) Information regarding total number of pages of complete reply (including supplementary reply) received from Schl Id: 2127034 in r/o online RTI numbered EDUDH/R/20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. /62690/1 as on 25-9- 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. .
(15) (c) Provide scan of complete reply available as on 25-9- 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. (through email).
(16) (a) Date of forwarding free-of-cost copies of information to the appellant in compliance to directions of FAA (RTI) vide order FAA/RDE(C)/Appeal-3 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. /20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. /490 dt. 21-9- 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. (RTI Id: 62056/1).
(16) (b) Provide speed post/registered post consignment number of the dispatch of free-of-cost information. (17) Date of activating/providing online payment link for additional fees in r/o online RTI Applications numbered -
(18) Information regarding serial number of pages of file numbered 120 dt. 28-04-20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. on which the following documents are placed –
(a) Recordable warning No. 25/16/GOC/EDN/VPL/2020/11861-67 dt. 1-12-20
(b) Letter numbered 3/1/2021/CA/Delhi/Gen. Corr-484 dt. 7-2- 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. of RD (North), ASI
Desired information from O/o VKS Cell HQ:
(19) Diary number with date of receipt of hard copy of SMC meeting minutes of Schl Id: 2127034 w.e.f. 15-11-2019 to 15-11-2020.
Desired information from Schl Id: 1002186, 1002400 & 1002027 under Zone-2:
(20) Information regarding names of HOS with tenure w.e.f. 1-4-2019 to till date.
(21) Information regarding amount of SMC fund spent by school in the following months-
(i) January 2019 (ii) February 2019 (iii) March 2019 (iv) January 2020 (v) February 2020
(vi) March 2020 (vii) January 2021 (viii) February 2021 (ix) March 2021 (x) January 20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
(xi) February 20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. (xii) March 20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Desired information from Schl Id: 1923004 under Zone-23:
( 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. ) Provide complete information regarding construction work pending in the school since 2019 due to non-receipt of approval from Ministry of Culture, GOI.
(23) Provide complete information regarding resolution passed by SMC since 2019 to initiate the construction work without approval from Ministry of Culture, GOI.
(24) Provide copy of application for ex-post facto approval of construction work undertaken in the school premises since 2019 without approval from Ministry of Culture, GOI.”
The CPIO furnished a point-wise reply to the Appellant on 21.10.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. stating as under:
“Kindly refer to your subject cited RTI application. The point wise reply w.r.t. information pertaining to Zone-27 is as under:
Point no. (1) to (10)-The information pertaining to school ID 2127034 comprises 01 page.
Point no. 11 and 12- The information pertaining to School ID-2127179 and 2127021 comprises 02 pages.
Point no. 14 (a), (b), (c) and (d) - The file no. is incorrect. Moreover, the details of the file is not provided by the applicant.
Point no. 15 (a) - Date of receiving of reply of RTI ID 62690/1 from school ID 2127034 is 12/09/20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. by mail.
Point no. 15 (b) and (c)- The reply comprises 01 page. 16(a)- 21/10/ 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
16(b)- The copy of speed post receipt comprises of 01 page Point no. 17 (a) and (b)- No such information is available in office of Zone-27
Point no.18- The question is not clear. The concerned file comprises of 12 notesheet side and 66 correspondence side pages.
Copy of documents can be obtained by depositing the requisite RTI fee of Rs. 2/- per page either online on RTI-MIS portal or in Accounts Branch, District Central/New Delhi, Jhandewalan, New Delhi-110055.”
Being dissatisfied, the appellant filed a First Appeal dated 02.11.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. . The FAA vide its order dated 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. .12.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. , upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent
Respondent: Sanjeev Kumar, OSD, Zone-27, and Maninder Kaur, RTI Dealing Assistant, Zone -27 appeared in person.
The respondent while defending their case inter alia submitted that they had already provided the desired information to the appellant vide letter dated 19.09.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. and 14.12.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. . They filed their written submissions dated 13.03.2024 and copy of the same is reproduced as under:
“It is humbly submitted that RTI Application ID EDUDH/R/20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. /63270/2 dated 25.09.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. only points (1) to (18) pertains to Zone-27.
Further, it is stated that Points (19) pertains to VKS Cell HQ. Points (20) to (21) pertains to Zone-2. Points ( 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. ) to (24) pertains to Zone-23.
As regards, the RTI Application No. EDUDH/R/20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. /63270/2 dated 25.09.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. filed by Mr. V. K. Jain the reply was sent to the applicant vide letter no. Zone/XXVII/RTI/20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. /527 dated 21.10.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. (copy enclosed).
The appellant was advised to obtain the copies of information by depositing the requisite RTI fee of Rs. 2/-per page either online on RTI-MIS portal or in Accounts Branch, District Central/New Delhi, Jhandewalan, New Delhi - 110055.
As regards supplying free of cost copies of information, it is submitted that the information sought by the applicant for points No. 1 to 12, 16(b) and 18 comprises of 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. pages. Under sub-section 5 of section 7 the applicant can obtain the copies of information by paying requisite RTI fee of Rs. 2/- per page.
Further, it is stated that free of cost copies of information are provided to the applicant only if the applicant belongs to the below poverty line (BPL) category.
However, he should submit a proof in support of his claim as belonging to the below poverty line category.
In light of the above stated facts and circumstance, it is most humbly requested to consider the submission and take on record for the purposes of disposal of this CIC appeal of the applicant.”
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, notes that the appellant in his RTI application sought information on 24 points wherein he pointed out which points pertained to which PIOs. In this case, the appellant has indicated 4 PIOs to whom the queries pertained and despite knowing this fact, he has filed single RTI application before Education Department mentioning all the PIOs of different zones with the expectation that PIO of Department of Education would collect the information from all the PIOs concerned and provide it to the appellant.
It is pertinent to mention that the appellant has restricted his instant second appeal only against point Nos. 1 to 12, 16 (b) and 18 of the RTI application, which was not replied by PIO, DDE Zone-27. In this regard, the respondent during the course of hearing submitted that they had already provided the desired information to the appellant vide letter dated 14.12.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. and copy of the same was placed on record.
The respondent also informed that the appellant is habitual RTI applicant and filed various RTI applications, first appeals and second appeals under the RTI Act just to harass the public authority. It may not be out of place to mention that total 27 second appeals/complaints have been disposed of by the appellant either by his name or his son’s name (Ullas Jain) before the Commission as on date and in most of the cases, he did not appear despite service of hearing notice.
A written request was filed by the appellant seeking adjournment of his case which was considered, and his request was denied in the absence of proper justifiable reasons.
The Hon'ble Supreme Court's observation in Central Board of Secondary Education (CBSE) & anr. v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] is as under:
"37. …..Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spend 75% of their time collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritizing 'information furnishing', at the cost of their normal and regular duties."
Further, the Commission finds it pivotal to highlight a recent decision of this bench, wherein aspect of “misuse of the right to information Act by the Appellant” has been explained in a manner. In this regard, ratio laid down in the matter of Nandkishor Gupta v. CPIO, Northwestern Railway, Head Quarter Office, Malviya Nagar, Jaipur. The relevant portion of the said judgment is as under:
“The Appellant being a serving employee of the respondent Public Authority has as much right to information as is available to any other citizen of India. However, such a serving employee has an added obligation to frame the request in simplest and most easily understood form possible because he/she knows the circumstances under which his/her colleagues are working while also discharging the additional duty as CPIO and FAA. Therefore, the conduct of the Appellant in the present matter, to say the least, is questionable and is not appreciated.
Accordingly, the appellant is cautioned and admonished wherein he should keep in mind that the RTI Act should be used judiciously, sensibly and responsibly so that purpose of the RTI Act would not be defeated. The Commission leaves it to the concerned disciplinary authority for any consequent action in the matter.”
In view of the above facts and circumstances of the case, the Commission finds that information as available with the respondent has already been provided to the appellant. Therefore, interference from the Commission is not warranted in this matter. Further, the appellant is advised to exercise his right to information in an informed and judicious manner in the future.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari
Information Commissioner
Citation: V K Jain v. Dy. Director of Education, CIC/DIRED/A/20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. /668667; Date of Decision : 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. -03-2024