Central Information Commission
Vijay Kumar Garg vs Gnctd on 25 July, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/KY/A/2015/001258
F. No.CIC/KY/A/2015/001259
F. No.CIC/KY/A/2015/001260
F. No.CIC/SA/A/2016/000169
F. No.CIC/SA/A/2016/001329
F. No.CIC/SA/A/2016/000942
Date of Hearing : 12.06.2017
Date of Decision : 20.07.2017
Appellant/Complainant : Shri Vijay Kumar Garg
Respondent : PIO, Department of Social
Welfare
PIO, O/o Chief Minister's Office
GNCTD
PIO, Department of Food
Supplies, GNCTD
PIO, Delhi Police
Through:
Ms. Madhu Bhatia, PIO Nirmal
Chaya
Ms. Krishna Sharma, PIO/DSW
Shri Rahul Kant/Social Welfare
Ms. Poonam Madaan/DSW
Shri Desh Raj Sharma/AC (North)
Shri Rakesh Kumar
Shri Jai Prakash, Vigilance Dept.
Shri BHupender Kumar
Shri Pratap Popli
Shri Jorawar Singh
Shri Manoj Chandra
Shri Ombir Singh
Information Commissioner : Shri Yashovardhan Azad
F. No.CIC/KY/A/2015/001258
F. No.CIC/KY/A/2015/001259
F. No.CIC/KY/A/2015/001260
F. No.CIC/SA/A/2016/000169
F. No.CIC/SA/A/2016/001329
F. No.CIC/SA/A/2016/000942
Information soughtand background of the case:
Vide distinct RTI applications, the appellant sought information w.r.t. the processing of claims of social security pension preferred by various persons. A bare perusal of record placed before the Commission reveals that the appellant claims be acting on behalf of the applicants of social security pension scheme such as Widow pension, Old age pension and Disability pension. The present appeals emanate from such RTI applications which were filed to follow up pension claims of various persons.
In CIC/KY/A/2015/001258, the appellant sought details of processing of pension claims of as many as 39 persons. The PIO furnished a detailed reply clearly bringing out shortcomings in the applications or other reasons for non sanctioning of pension. In CIC/KY/A/2015/001259, the appellant sought similar information regarding processing of pensions claims 17 persons. In CIC/KY/A/2015/001260 & CIC/SA/A/2016/001329 the appellant sought details regarding complaints received against him in the department of Social Welfare alleging misuse of RTI Act. He further sought basis of labelling him as 'Tout' by the department etc. In CIC/SA/A/2016/000169, the appellant sought details of various Social Security Pension Schemes by GNCTD and eligibility of the same.
In CIC/SA/A/2016/000942, the appellant sought information regarding the status and action taken upon his 10 complaints registered with officer of Chief Minster, Govt. of Delhi. The PIO, Office of C.M. Delhi replied to the RTI application on points relating to it and transferred the application on rest of the points to other departments concerned to whom the respective complaints of appellant were marked by CM office.
Relevant facts emerging during hearing:
All the parties are present and heard at length. The appellant states to be engaged in social service thereby providing necessary assistance to persons who desire to avail social security/ old age & widow pension. It is contended by the appellant that he had in past used RTI tool successfully to follow up hundreds of such cases wherein social security pension was not being disbursed to the claimants despite meeting the eligibility criteria. Besides denial of information, the appellant seems to be primarily aggrieved with the manner in which he had been branded & stigmatized as a 'Tout' by the respondent Social Welfare Department. Per contra, the respondent from Department of Social Welfare states that the appellant is a habitual & repeated information seeker and many of his appeals have been heard by a coordinate bench of this Commission. She draws the attention of the Commission towards various decisions rendered by a coordinate bench.
In CIC/SA/A/2014/000556 the Commission observed as:
.....
DECISION
9. The Commission, exercising its power under u/s 19(8) requires the public Authority to initiate inquiry against Mr. Vijay Kumar Garg and Mr. Kuldeep Singh Yadav for their alleged misuse/repetitive use of RTI motivated by private interest or intention to harass so that appropriate action is initiated as per law.
10. The Commission directs the respondent authority to prepare a list of the RTI application filed by the appellants and the reply of the department on this regard and place the reply in their official website.
This would help the citizens to have information without resorting to RTI applications besides curbing the misuse.
12. With this observation Commission rejects all the pending appeals of both the appellant in CIC/SA/A/2014/000354, CIC/SA/A/2014/000353, CIC/SA/A/2014/001548, CIC/SA/A/2014/001549, CIC/SA/A/2014/001916, CIC/SA/A/2014/0019 CIC/SA/A/2014/001298, CIC/SA/A/2014/001612, CIC/SA/A/2014/001294.
In CIC/SA/A/2014/000983, the Commission had an opportunity to deal with identical situation. Relevant observations made by the Ld. Commissioner are reproduced hereinafter:
"7. The Commission, after hearing, observes that the last question of the appellant in his RTI application is totally defamatory, as he has made baseless allegation of corruption against all officers working in the office of the respondent authority without showing any basis. The officer present before the Commission stated that Mr. Vijay Kumar Garg, the appellant and his associates, were touts indulged in collecting money promising to secure pensions and when the authorities rejects on merits he would bully's the office by filing plethora of RTI applications choking their office.
8. The Commission noted appellant's numerous RTI applications on the same subject matter, will not attend in first appeals and had taken almost all cases to the Commission in Second Appeal or Complaint. This kind of attitude of the appellant has resulted in the loss of preciouis time of the Public authority and the Commission.
9. The Commission wonders as why the Public Authority is not taking any action against the touts when they complain against them as touts including the appellant. The Commission, exercising its powers under Section 19(8)(a) of RTI Act require the Public Authority to conduct an inquiry, to probe into the allegation of brokerage by the appellant or any other person who is using the RTI application to pursue his own self interest. The Commission also recommends to the public authority to examine whether any employee of their office is involved in the matter by way of providing illegal help to the appellant for the purpose of harassing the department.
10. Even through the Commission observes that this is a clear case of misuse of RTI Act by the appellant. The Commission takes the opportunity to direct the public authority to put all the information which is general in nature and which the department has to provide under Section 4 of RTI Act in their website and a hard copy of the same bh kept in their offices, both in Hindi and English. In response to the same, the respondent authority submitted that the information sought by the appellant and other welfare scheme of the department was already uploaded in their website. The best way of fighting misuse of RTI by persons such as appellant is put all organisational information, welfare scheme related details on the website under Section 4 of RTI Act. Proper transparency mechanisms would leave no scope for touts.
11. The Commission would also like to appraise the public authority (all public authority in general that the best way to tackle such kind of RTI appellant and to prevent touts is to practice transparency. Every detail of welfare measures undertaken by the public authority should be predominantly published and should be made available to the public in general, so that public need not depend on such kind of touts.
12. The Commission warns the appellant from acting as tout, if acting, and from misusing the RTI Act. Such conduct of the appellant, if repeated will be deemed as frivolous and vexatious use of RTI Act and this result in imposition of cost on him as he is making public authority FAA and CIC to spend their resources and time while he prefers to just throw a letter of second appeal without any details and keeps off.
13. In this specific case, the conduct of the appellant in giving letter dated 02.05.2014 that the information sought by him is not required and thereafter filing second appeal before the Commission clearly shows that the main purpose of the appellant is harassing the public authority and the Commission dircts to pay Rs. 500/- to the respondent authority, which amount shall be used for RTI Cell of the public authority."
14. The Commission directs to the public authority to publish in their website and in their notice board advising the people not to fall prey to false promises of touts, not to pay money to them or any employee of the department.
15. The Commission directs the public authority to place the present order in their website and circulate the same among their offices in public interest, so that everyone will know about such kind of touts and mis- users of RTI Act.
16. The Commission with above directions dispose of the present appeal of the appellant."
It would be profitable to reproduce yet another earlier order passed by the Commission in Vijay Kumar Garg v. PIO, Social Welfare Department CIC/SA/A/2015/001310:
FACTS:
2. The appellant has filed RTI application seeking action taken report on his complaint dated 16.02.2015 and the names of the authorities who received his RTI application. The PIO stated in his reply dated 11.06.2015 that the information sought is available on the Web Portal. FAA ordered that the respondent authority should provide the appellant point wise information within 15 days. Appellant approached this Commission.
Decision : 3. Mr. Sheodan Singh and Mr. Sharwan Kumar stated that the appellant files multiple RTI applications seeking frivolous and voluminous information. They stated that there was one PGMS report relating to the appellant's application which was furnished to him. Appellant said he received it. The Commission records admonition of this appellant for misusing the RTI Act and harassing the public authority by his frivolous, voluminous and mischievous RTI questions. The Commission rejects all appeals filed by this appellant as repeated applications. Hence, closed.
The respondent states that acting upon the directive of the Commission in the aforesaid cases, all details & static as well as dynamic data of Social Security Pension has been put in public domain through website of the department. She states that any person having grievance regarding pension payment can very conveniently approach the department. The respondents state that the entire system from the stage of application to sanction of pension is accessible online and thus, already in public domain. They also question the locus of appellant to seek information w.r.t. processing of pension applications made by various third parties and assert the exemption clause (j) under Section 8(1) of the RTI Act.
Decision:
After hearing the parties and perusal of record, the Commission finds the nature of queries made by the appellant as well as their purport, in the already decided appeals and the present appeals is identical. The parties involved are same. Accordingly all the essential of invoking constructive res judicata are satisfied. In view of the foregoing, the Commission is not inclined to entertain the present appeals which either seek third party information or have been adjudicated upon earlier by the Commission and hence, barred by constructive res judicata. The Commission does not approve the modus operandi adopted by the appellant for rendering 'social service' as he involves himself in the process and bye-passes the very individuals on whose behest allegedly he operates.
The present appeals are dismissed.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to:-
Public Information Officer-(NW-1), First Appellate Authority under RTI O/o. the District O/o. the Additional Director & Officer-(North-West-1), Department FAA, Department of Social of Social Welfare (Government Welfare (Government of NCT of of NCT of Delhi), North-West Delhi), G. L. N. S.
- 1), N. P. S. School Complex, Delhi Gate, Building, Sector-4, Delhi-110002.
Rohini, Delhi-110085.
VIJAY KUMAR GARG Public Information Officer-(NW-1),
House No. : F-49, VISHAL Department of Social
COLONY, NANGLOI, Welfare (Government of NCT of
DELHI-110041. Delhi), Nowth West-1, N. P.
S. School Building, Sector-4,
Rohini, Delhi-110085.
First Appellate Authority under RTI Public Information Officer-(West), Additional Director & O/o. the District Social FAA, Department of Social Welfare Officer, West Welfare (Government of NCT of District, Department of Delhi), G. L. N. S. Social Welfare (Government of Complex, Delhi Gate, NCT of Delhi), Nirmal Chhaya Delhi-110002. Complex, Jail Road, New Delhi-110064.
First Appellate Authority under RTI Public Information Officer-(West), Office of the Additional Office of District Social District Welfare Magistrate, Department of Officer-West, Department of Social Welfare (Government of Social Welfare (Government of NCT of Delhi), G. L. N. S. NCT of Delhi), Nirmal Chhaya Complex, Delhi Gate, New Complex, Jail Road, Hari Delhi-110002. Nagar, New Delhi-110064.
First Appellate Authority under RTI Public Information Officer & PIO-(West), O/o. the Additional Director & O/o. the District Women & FAA, Department of Social Child Welfare Welfare (Government of NCT of Officer, Department of Women Delhi), G. L. N. S. & Child Complex, Delhi Gate, New Development (Government of Delhi-110002. NCT of Delhi), West District, Jail Road, Nirmal Chhaya Complex, Hari Nagar, New Delhi-110064.
First Appellate Authority under RTI Public Information Officer under RTI Deputy O/o. the Deputy Secretary & Director-(Admn.), Department PIO, Chief Minister's of Women & Child Office (Government of NCT of Development (Government of Delhi), A-315, 3rd Level, NCT of Delhi), 1, Pt. Ravi Delhi Secretariat, I.P. Shankar Shukla Lane, Kasturba Estate, New Delhi-110002. Gandhi Marg, New Delhi-110001. First Appellate Authority under RTI Public Information Officer under RTI O/o. the Additional Secretary Department of Social & FAA, Chief Minister's Welfare (Government of NCT of Office (Government of NCT of Delhi), C.L.N.S. Complex, Delhi), A-310, 3rd Floor, Delhi Gate, New Delhi-110002. A-Wing, Delhi Secretariat, I.P. Estate, New Delhi-110002.
Public Information Officer under RTI Public Information Officer under RTI Department of Food & Department of Urban Supplies (Government of NCT Development MLALAD (Govt. of of Delhi), Vikas Bhawan,I. P. NCT of Delhi), Delhi Estate, New Delhi-110002. Secretariat, I. P. Estate, New Delhi-110002.
Public Information Officer under RTI Delhi Police, Headquarters, I. P. Estate, New Delhi-110002.