Central Information Commission
Rakesh Kumar Gupta vs Gnctd on 19 January, 2023
Author: Uday Mahurkar
Bench: Uday Mahurkar
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
निकायतसंख्या / Complaint No. CIC/GNCTD/C/2022/131113-UM
Mr. Rakesh Kumar Gupta
निकायतकताग/Complainant
VERSUS
बनाम
PIO/ Nodal Officer (RTI Cell)
Govt. Of NCT Of Delhi
Govt.Boys Sr.Secondary School
J & K Block, Dilshad Garden,
Delhi-110095.
School Code-1106012
प्रनतवािीगण /Respondent
Date of Hearing : 13.01.2023
Date of Decision : 19.01.2023
Date of RTI application 22-10-2021
CPIO's response 30-11-2021
Date of the First Appeal Not on Record
First Appellate Authority's response Not on Record
Date of diarized receipt of Complaint by the Commission 30-06-2022
ORDER
FACTS The Complainant vide his RTI application sought information on 2 points, as under:
Page 1 of 4The PIO, Govt. Boys Sr. Secondary School, vide letter dated 30-11-2021 stated that information can't be provided because this is a confidential matter. The order of the FAA, if any, is not on record of the Commission.
Thereafter, the Complainant filed a Complaint before the Commission.Page 2 of 4
HEARING:
Facts emerging during the hearing:
The following were present:
Complainant: Absent Respondent: Mr. Rishi Pal, HOS and Mr. B.K Mishra, S.O, attended the hearing.
The Complainant remained absent during the hearing.
The Respondent while reiterating the contents of the RTI Application stated that the Complainant had sought information regarding all relevant documents related to the show cause notice issued to Dr., Shushil Kumar etc. He submitted that vide letter dated 30.11.2021 and 20.01.2022, they had furnished a reply as per record available in their office. He stated that a departmental proceeding is going on against the Complainant regarding non submission of answer script in the stipulated time limit of class XI and VII of political science in the month of September and October 2013. He informed the Commission that the Complainant files false and frivolous complaints/representations/RTI against the school staff with ulterior motive to hamper the functioning of the School and harass the school authorities as a matter of revenge. He requested the Commission to close this case as the Complainant had filed this Appeal for personal vendetta against the school.
The Commission was in receipt of a written submission by the Respondent dated 12.01.2023 which is taken on record.
The Complainant was not present to contest the submissions of the Respondent.
DECISION:
The Commission after adverting to the facts and circumstances of the case, submission made by the Respondent and perusal of records, observes that an appropriate reply has been furnished by the CPIO as per the provisions of the RTI Act, 2005. The Commission further observes that the RTI Act was enacted to empower the citizens to seek legitimate information to bring accountability and transparency in the system and is a major weapon for correcting the system. However, in this case the weight of evidence and the chronology of events lends weight to the charge of the respondent authority that the appellant is misusing the RTI Law and using it as a weapon for extracting revenge by filing multiple applications and complaints against the school Page 3 of 4 principal just to harass the school authorities. In doing so the appellant is burdening the entire system and also delaying the hearing of other genuine & serious applicants by wasting time of the Commission. Therefore, henceforth the Commission will not entertain any application from the appellant on the same subject. He is free to approach any other forum for redressal of his grievance.
The Complaint stands disposed accordingly.
(Uday Mahurkar) (उिय माहूरकर) (Information Commissioner) (सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित एवं सत्यापित प्रतत) (R. K. Rao) (आर.के. राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 / [email protected] दिनांक / Date: 19.01.2023 Page 4 of 4