Central Information Commission
Baliram N Jogdankar vs Central Railway on 13 February, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No : CIC/CRAIL/A/2023/119019
Baliram N Jogdankar .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
THE CPIO CENTRAL
RAILWAY OFFICE OF THE PR.
CHIEF SECURITY COMMISSIONER
RPF/HQ/MUMBAI CSMT MUMBAI,
CSMT-400001 .....प्रनर्वािीगण /Respondent
Date of Hearing : 05-02-2024
Date of Decision : 12-02-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 07-02-2023
CPIO replied on : 27-02-2023
First appeal filed on : 12-03-2023
First Appellate Authority's order : 16-03-2023
2nd Appeal/Complaint dated : 22-04-2023
Information sought:
The Appellant filed an RTI application dated 07.02.2023 seeking the following information:1
"Furnish me following information with respect to Mr. Yash Mishra, RPF, ASC at present he is posted as SO to PCSC, RPF HQ CST, Mumbai.
1. Furnish me date on which Yesh Mishra during his tenure as RPF, IPF was arrested by CBI and released on bail.
2. I want to know present status of CBI Case against Yesh Mishra. And furnish me CBI court order copy, if case is over.
3. I want to know departmental action taken on Yesh Mishra RPF officer for charged under corruption case by CBI and involved in hiding disproportionate assets of Mahesh Kumar General manager of western railway Arrested under corruption charges by CBI. Both Incidents were published in news paper.
4. I want to know designation of Yesh Mishra as he is introducing as ACP in musical singing programmers at Borivli he is singing songs of Mohd Raffi sir on stage whereat his big size photo and name Yesh Misra ACP printed. Same can be seen from video recording of musical singing events. It is offense under Section 170 IPC if he impersonate as ACP when he is not ACP."
The CPIO furnished a pointwise reply to the Appellant on 27.02.2023 stating as under:
Point Query Information
No.
1 Furnish me date on which Yesh Mishra The information sought in item
during his tenure as RPF, IPF was no. 1 to 3 are personal
arrested by CBI and released on bail. information and disclosure of
2 I want to know present status of CBI which has no relationship to any
Case against Yesh Mishra. And furnish public activity or interest. Hence,
me CBI court order copy, if case is over. information cannot be provided as 3 I want to know departmental action per Section 8 [1(J)] of RTI Act-
taken on Yesh Mishra RPF officer for 2005. charged under corruption case by CBI and involved in hiding disproportionate assets of Mahesh Kumar General manager of western railway Arrested under corruption charges by CBI. Both Incidents were published in news paper. 4 I want to know designation of Yesh Designation of Mr. Yesh Mishra Mishra as he is introducing as ACP in Security (ASC). is Assistance musical singing programmers at Borivli Commissioner he is singing songs of Mohd Raffi sir on stage whereat his big size photo and name Yesh Misra ACP printed. Same can 2 be seen from video recording of musical singing events. It is offense under Section 170 IPC if he impersonate as ACP when he is not ACP.
Being dissatisfied, the appellant filed a First Appeal dated 12.03.2023. The FAA vide its order dated 16.03.2023, held as under:-
"With reference to above, it is to inform that, your RTI application dated 07.02.2023 had been received online in this on transfer from Nodal Office on 08.02.2023. The reply of the same was provided by the CPIO vide this office letter no. CR/PCSC/RTI- 21/2023 dtd. 27.02.2023.
After going through your RTI application, reply of CPIO and your appeal application, it is observed that the information you have sought in point no. 1 to 3 are questions/vague details, and not 'information' as defined in Section 2(f) of RTI Act- 2005. Further, it is stated that, if you wish to get any 'information', then you may visit this office at any working day during hours and inspect the document, which are available in this office and get required document after inspection, as per rules.
Your appeal is being disposed of."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Shri Baliram N Jogdankar, attended the hearing. Respondent: Shri Hemant Kumar, Chief Security Commissioner & CPIO, RPF Hqrs./CR/Mumbai, attended the hearing.
The Appellant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application. He further alleged that he requires this information since it involves a matter of corruption.
The Commission interjected and asked the Appellant that whether he has filed any complaint against the third party whom he is alleging of corruption, the Appellant in an extremely discourteous manner replied in negative.
The Respondent submitted that sufficient reply in terms of provisions of RTI Act has been given to the Appellant. He further added that with respect to point No. 1 to 3 of RTI Application, there is no CBI case against Shri Yash Mishra 3 and there is no pending CBI Case against Shri Yash Mishra and in the absence of CBI case, no question of departmental action arises.
A written submission has been received from Shri Hemant Kumar, Chief Security Commissioner & CPIO, RPF Hqrs./CR/Mumbai, vide letter dated 31.01.2024, a copy of which has been sent to the Appellant and the same has been taken on record.
Decision:
Upon perusal of records of the instant case, it is noted that the Appellant has sought information pertaining to a third party. The Appellant has raised allegations of corruption and merely uttering of the word 'corruption' is not sufficient to establish the larger public interest. Thus, action as mandated under the scope of the RTI Act, has been duly carried out by the Respondent and the Commission upholds the stand taken by the Respondent.
The Commission finds it pertinent to mention that records reveal that approximately 15 cases filed by the same Appellant have already been adjudicated by this Bench while 4 Second Appeals have been heard in todays' hearing.
Recently this Commission has heard a Second Appeal viz. CIC/CRAIL/A/2021/115378 filed by the same Appellant wherein the Appellant has sought personal information of third-party Shri PC Kasar and the Commission while deciding the case vide order dated 17.05.2022 has denied the information to the Appellant under Section 8 (1) (j) of the RTI act. Thus, it appears that the Appellant has been repeatedly seeking information which has already been furnished to him. Such repetitive litigation is counterproductive to the RTI regime, and this aspect has been discussed by the Apex Court in detail in the case of Ashok Kumar Pandey vs. The State of West Bengal, (AIR 2003 SC 280 Para 11), where J. Pasayat had held:
".........It is depressing to note that on account of such trumpery proceedings initiated before the Courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of the genuine litigants. Though we spare no efforts in fostering and developing the laudable concept of PIL and extending our long arm of sympathy to the poor, the ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard; yet we cannot avoid but expressing our opinion that while genuine litigants with legitimate grievances relating to civil matters involving properties 4 worth hundreds of millions of rupees and criminal cases in which persons sentenced to death facing gallows under untold agony and persons sentenced to life imprisonment and kept in incarceration for long years, persons suffering from undue delay in service matters, Government or private, persons awaiting the disposal of case... ... ... etc. etc. are all standing in a long serpentine queue for years with the fond hope of getting into the Courts and having their grievances redressed, the busybodies, meddlesome interlopers, wayfarers or officious interveners having absolutely no public interest except for personal gain or private profit either of themselves or as proxy of others or for any other extraneous motivation or for glare of publicity break the queue muffing their faces by wearing the mask of public interest litigation and get into the Courts by filing vexatious and frivolous petitions and thus criminally waste the valuable time of the Courts, as a result of which the queue standing outside the doors of the Courts never moves, which piquant situation creates frustration in the minds of the genuine litigants and resultantly they lose faith in the administration of our judicial system..........."
Emphasis supplied It is also pertinent to note that the Hon'ble High Court of Madras in the case of Public Information Officer, Registrar (Administration) Vs B Bharathi [WP No. 26781/2013 dated 17.09.2014] has also given its opinion about such vexatious and repetitive litigation crippling the public authorities and held as follows:
"...The action of the second respondent in sending numerous complaints and representations and then following the same with the RTI applications; that it cannot be the way to redress his grievance; that he cannot overload a public authority and divert its resources disproportionately while seeking information and that the dispensation of information should not occupy the majority of time and resource of any public authority, as it would be against the larger public interest....."
Emphasis supplied The Hon'ble Delhi High Court while deciding the case of Shail Sahni vs. Sanjeev Kumar & Ors. [W.P. (C) 845/2014] has also made similar observations:
"....... This Court is also of the view that misuse of the RTI Act has to be appropriately dealt with, otherwise the public would lose faith and confidence in this "sunshine Act". A beneficial Statute, when made a tool for mischief and abuse must be checked in accordance with law. ...................."
Emphasis supplied 5 Considering the misuse of the RTI Act by repetitive and often vexatious litigation, the Apex Court in the case of The Institute of Chartered Accountants of India Vs. Shaunak H. Satya and Ors, [A.I.R 2011 SC 3336] has categorically cautioned thus:
"...The RTI Act provides access to all information that is available and existing. .. The Hon'ble Supreme Court has declared in a plethora of cases that the most important value for the functioning of a healthy and well-informed democracy is transparency. However it is necessary to make a distinction in regard to information intended to bring transparency, to improve accountability and to reduce corruption, falling under Section 4(1)(b) and (c) and other information which may not have a bearing on accountability or reducing corruption. The competent authorities under the RTI Act will have to maintain a proper balance so that while achieving transparency, the demand for information does not reach unmanageable proportions affecting other public interests, which include efficient operation of public authorities and government, preservation of confidentiality of sensitive information and optimum use.".
Emphasis supplied In the other landmark judgement in the case of Central Board of Secondary Education &Anr. Vs. Aditya Bandopadhyay & Ors., the Apex Court held as follows:
"...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 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..."
Emphasis supplied Recently, the Hon'ble High Court of Calcutta in the case of Biplap Kumar Chowdhury vs State of West Bengal & Ors., WPA 3116 of 2022, vide order dated 22.09.2022, has held as under:
6"A list has been place before this Court containing details of 195 cases filed by the petitioner before this Court primarily challenging the action on the part of the respondents in making construction without sanctioned plan. It has been submitted that the petitioner is in the habit of filing writ petitions, one after the other, to put pressure upon the private parties and to extract money from them. It has been filed with vested interest for his personal gain. It has been submitted that there are several matters which are not being proceeded by the petitioner in the right earnest. As soon as the matter gets settled the same is not proceeded with any further.
It appears from the documents annexed to the writ petition that the petitioner's ploy is to collect information under the Right to Information Act and thereafter use the said information to harass the private parties as well as the Municipality for unlawful gain. The conduct of the petitioner appears to be plainly harrassive and mala fide.
The averments and allegations made in the writ petition remains unsubstantiated. The writ petition is an abuse of the process of law and liable to be dismissed with costs."
The aforesaid dicta essentially proves that the misuse of RTI Act is a well- recognized problem and citizens such as the Appellant should take note that their right to information is not absolute. In the given circumstances, since the information stands disseminated, no cause of action subsists under the RTI Act. Be that as it may, the Commission takes very strong exception of the intemperate and unreasonable conduct of the Appellant during the hearing. In addition, the tone and tenor the Appellant amounts to contempt of the Commission and the statute. The Commission severely admonishes such despicable attitude, and he is warned to be careful and mindful in future.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Date 12-02-2024 Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date 7 8