Central Information Commission
M R Nimbalkar vs Guru Ghasidas Vishvidyalaya, Bilaspur on 9 November, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File Nos. : CIC/GGVBP/A/2020/694472 +
CIC/GGVBP/A/2020/694482 +
CIC/GGVBP/A/2020/694478 +
CIC/GGVBP/A/2020/694481
M R Nimbalkar ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Guru Ghasidas Vishwavidyalaya,
RTI Cell, Koni, Bilaspur, Chhattisgarh-
495009 .... ितवादीगण /Respondent
Date of Hearing : 02/11/2021
Date of Decision : 02/11/2021
INFORMATION COMMISSIONER : Saroj Punhani
Note- The above-mentioned Appeals have been clubbed together for the sake
of brevity as the similar nature of information has been sought in all the RTI
Application(s).
Relevant facts emerging from appeal:
RTI application filed on : 29/07/2020, 29/07/2020, 17/08/2020 &
17/08/2020
CPIO replied on : Not on record
First appeal filed on : 31/08/2020, 31/08/2020, 19/07/2020 &
17/09/2020
1
First Appellate Authority : Not on record
order
2nd Appeal/Complaint dated : 17/11/2020,17/11/2020, 17/11/2020 &
17/11/2020
File Nos. : CIC/GGVBP/A/2020/694472+
CIC/GGVBP/A/2020/694482
Information sought:
The Appellant filed an online RTI application(s) dated 29.07.2020and 17.08.2020 seeking the following information;
1) Copy of page of Tabulation Register wherein entries relating Mr. Thygaraj C M, Reg. No. 21014001769 (session Jan 2005 to December 2005), student of Dr. C V Raman Institute of Science, Technology, Commerce and Management, Bilaspur are recorded
2) Copy of page of passing certificate Register wherein entries relating Mr. Thygaraj C M, Reg. No. 21014001769 (session Jan 2005 to December 2005), student of Dr. C V Raman Institute of Science, Technology, Commerce and Management, Bilaspur are recorded
3) Copy of page of convocation certificate issue register wherein entries relating Mr. Thygaraj C M, Reg. No. 21014001769 (session Jan 2005 to December 2005), student of Dr. C V Raman Institute of Science, Technology, Commerce and Management, Bilaspur are recorded Having not received any response from the CPIO, the appellant filed a First Appeal(s) dated 31.08.2020 and 17.09.2020. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non-receipt of information, appellant approached the Commission with the instant Second Appeal.
File Nos. CIC/GGVBP/A/2020/694478 + CIC/GGVBP/A/2020/694481 Information sought:
The Appellant filed an online RTI application(s) dated 29.07.2020 & 17.08.2020 seeking the following information;2
1) Copy of passing certificate issued to Mr. Thygaraj C M, Reg. No. 21014001769 (session Jan 2005 to December 2005), student of Dr. C V Raman Institute of Science, Technology, Commerce and Management, Bilaspur
2) Copy of convocation certificate issued to Mr. Thygaraj C M, Reg. No. 21014001769 (session Jan 2005 to December 2005), student of Dr. C V Raman Institute of Science, Technology, Commerce and Management, Bilaspur Having not received any response from the CPIO, the appellant filed a First Appeal(s) dated 31.08.2020 and 19.07.2020. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non-receipt of information, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present. (Remained unavailable for audio-conference hearing.) Respondent: Dr. Sampooranand Jha, Assistant Registrar(exams)/ PIO present through audio-conference.
The PIO invited attention of the bench towards towards the latest reply provided by him in each matter to the Appellant vide email dated 29.10.2021, relevant portion of which is as follows -
"........You have sought the copy of page of tabulation register where in entries relating Mr. Thygaraj C.M., in this regard it is to inform him that photocopy of tabulation register is not allowed, therefore, it cannot be given. It is also related to third party case, you have not provided the contract Address or email of Mr. Thygaraj C.M. yet, therefore we could not get consent from him. It is further inform that you have also sought the passing certificate and convocation certificate of Mr. Thygaraj C.M., in this regard it is to inform him that passing certificate and convocation certificate is only provided to the student on his/her request on the prescribed application, it cannot be given to the third party."
Decision:3
The Commission remarked at the outset that a bunch Appeal (s) bearing File no. CIC/GGYBP/A/2020/106175 & others of the same Appellant against the Respondent was already heard and disposed off by this bench on 24.08.2021 with the following observations -
" The instant Appeal has been heard together along with other 16 mattes of the Appellant simultaneously and the Commission at the outset based upon a perusal of facts on record observes that the Appellant has filed numerous RTI Applications for the same nature of information sought by inter changing the serial numbers of information sought in each of his RTI Applications merely to pressurize the public authority into acceding to his request for similar nature of information. It appears that the Appellant has grossly misconceived the idea of exercising his Right to Information as being absolute and unconditional. It is rather unfortunate that even the best of intentions have to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by superior Courts through various judgments such as the Hon'ble Supreme Court's observation in Central Board of Secondary Education (CBSE) & anr. v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] stating that:
"37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption. But in regard to other information,(that is information other than those enumerated in section 4(1)(b) and (c) of the Act), equal importance and emphasis are given to other public interests (like confidentiality of sensitive information, fidelity and fiduciary relationships, efficient operation of governments, etc.). 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 4 become a tool to obstruct the 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 spends 75% of their time in 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 prioritising 'information furnishing', at the cost of their normal and regular duties." (Emphasis Supplied) In view of the foregoing, the Appellant is advised to make judicious use of his right to information in future."
Considering the totality of facts and multiplicity of the Appellant's RTI Applications, the aforesaid ratio is fully applicable to the instant cases as well.
Further, the Commission also observes from perusal of records that the CPIO has appropriately denied the information sought by the Appellant regarding credentials/educational records of the concerned person as the same stands exempted from disclosure under Section 8(1)(j) of RTI Act. In this regard, attention of the Appellant is drawn towards a judgment of the Hon'ble Supreme Court of India in the matter of Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010 wherein the import of "personal information" envisaged under Section 8(1)(j) of RTI Act has been exemplified in the context of earlier ratios laid down by the same Court in the matter(s) of Canara Bank Vs. C.S. Shyam in Civil Appeal No.22 of 2009; Girish Ramchandra Deshpande vs. Central Information Commissioner &Ors., (2013) 1 SCC 212 and R.K. Jain vs. Union of India &Anr., (2013) 14 SCC 794.The following was thus held:
"59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports,ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, 5 information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive..."
In view of the above, no further relief is pertinent in the matter.
The appeal(s) are disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स"यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 6