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Central Information Commission

Ramjit Rai vs Ministry Of Railways on 2 March, 2017

                     CENTRAL INFORMATION COMMISSION
   Club building, Opposite Ber Sarai Market, Old JNU Campus, New Delhi- 110067.
                              Tel: 011 - 26182593/26182594
                             Email: [email protected]
File No : CIC/VS/A/2015/000922+977-AB


In the matter of:
Ram Jeet Rai
Bujurg Digha, P.O-Sadakat Ashram,
District- Patna, Bihar Pin code-800010


                                                                          ...Appellant
                                          VS
Central Public Information Officer
M/o Railways
Deputy Chief Personnel Office/HRD CPIO/
Personnel Department, Office of the General
Manager/Personnel, East Central Railway,
Hajipur, Bihar- 844101

                                                                      ...Respondent


                                              Dates
RTI application                     :     22.12.2014 & 20.12.2014
CPIO reply                          :     27.01.2015 & 27.01.2015
First Appeal                        :     14.02.2015 & 12.02.2015
FAA Order                           :     Not on record & Not on record
Second Appeal                       :     21.03.2015 & 19.03.2015
Date of hearing                     :         08.02.2017


Information sought

in File No : CIC/VS/A/2015/000922-AB :

The appellant had sought inspection of all the files relating to sports and music quota appointment pertaining to 2007-14, number of candidates who applied, number of candidates who participated in the recruitment process, copy of the certificates submitted by Rashmi Kumari, Ranjana Kumari, Ansha Kumari and other related information. Information sought in File No : CIC/VS/A/2015/000977-AB :

The appellant had sought copy of the certificates submitted by Rashmi Kumari, Rajni Kumari and Ansha Kumari at the time of appointment, the documents submitted were in whose custody and for what period, name of the officials involved in the recruitment process. Grounds for Second Appeal The CPIO did not provide the desired information.

Order

Appellant       : Present

Respondent : Mr. A. K Jha, APIO (09771425629)

During the hearing, the appellant submitted that information was denied on a wrong pretext. He relied on the Commission's decision in File no. CIC/WB/A/2007/00880-SM.

The CPIO reiterated its earlier reply dated 27.01.2015.

On perusal of the RTI application dated 22.12.2014 and 20.12.2014, it was observed that the appellant had sought voluminous information in respect of third party. The inspection of file related to third party can't be given. The operative part of the decision in File no. CIC/WB/A/2007/00880-SM is as follows:

"7. After considering the arguments and submissions of both the sides, we are of the view that in spite of the pendency of a writ petition before the Hon'ble High Court, the Public Authority should provide the list of shortlisted candidates and their relevant biodata which go to prove whether they meet the parameters of shortlisting or not. This information should be given by the first Appellate Authority and the CPIO within 10 working days from receipt of this order."

The reliance of the appellant in the above case is misplaced. The above decision was for disclosure of biodata. However, in the present case the appellant had sought copy of certificates of the third parties; this is very obvious to state that biodata is different from certificates.

However, invoking Sec 10 or 11 of the RTI Act is also not practical as voluminous information was sought and may divert the resources of the public authority.

The Hon'ble Supreme Court by its decision dated August 9, 2011 in the matter of Central Board of Secondary Education & Anr. Versus Aditya Bandopadhyay & Ors in CIVIL APPEAL NO.6454 OF 2011 held as follows:

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 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.

In view of the above judicial dicta, both the appeals are dismissed.

[Amitava Bhattacharyya] Information Commissioner Authenticated true copy (A.K. Talapatra) Deputy Registrar 3 4