Central Information Commission
Mralok Srivastava vs Ministry Of Human Resource Development on 24 November, 2015
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
Alok Srivastava v. PIO, English & Foreign Language University
Important Dates and time taken:
CIC/SA/A/2015/001053
RTI: 09.04.2015 Reply: 09.06.2015
SA: 01.07.2015 Hearing:11.09.2015 Decision: 24112015
Result:
CIC/SA/A/2015/001059
RTI: 09.04.2015 FAA: 14.05.2015
SA: 01.07.2015 Hearing:11.09.2015 Decision: 24112015
Result:
CIC/SA/A/2015/001110
RTI: 09.04.2015 Reply: 11.06.2015
SA: 13.07.2015 Hearing:11.09.2015 Decision: 24112015
Result:
Parties Present:
1. Appellant is present in the VC. Mr. Sanjay Kumar, PIO represents Public authority.
FACTS:
2. Appellant in his RTI applications asked following questions :
Sl. No. Information sought CPIO reply
CIC/SA/A/2015/001053 Questions will not be answered; only
information which is available under the
1. Whether the Registrar, the English and Foreign control of the Public Authority will be
Languages University, Hyderabad has verified provided.
the applicability of Office Memorandum No.
Information soughtfor pertains to Dr 41019/18/97Estt (B), dated 13.06.2000, issued Manjusha Srivastava and cannot be by the Govt of India, Ministry of Personnel, disclosed, being a third party Public Grievance & Pension, Department of information.
Personnel & Training, New Delhi, to EFL University before 26.03.2012.
2. Copy of the relevant notefile, wherein the Questions will not be answered; only applicability of Office Memorandum No. information which is available under the 41019/18/97Estt(B), dated 13.06.2000, issued control of the Public Authority will be by the Govt of India, Ministry of Personnel, provided. Public Grievance & Pension, Department of Information sought for pertains to Dr Personnel & Training, New Delhi, to EFL Manjusha Srivastava and cannot be University has been verified by the Registrar, disclosed, being a third party the English and Foreign Languages University, information.
Hyderabad, before 26.03.2012.
CIC/SA/A/2015/001059 Questions will not be answered; only information which is available under the
3. Whether the Registrar, the English and Foreign control of the Public Authority will be Languages University, Hyderabad has verified provided. the applicability of Office Memorandum No. Information sought for pertains to Dr 41019/18/97Estt (B), dated 13.06.2000, issued Manjusha Srivastava and cannot be by the Govt of India, Ministry of Personnel, disclosed, being a third party Public Grievance & Pension, Department of information.
Personnel & Training, New Delhi, to EFL University after 26.03.2012.
4. Copy of the relevant notefile, wherein the Questions will not be answered; only applicability of Office Memorandum No. information which is available under the 41019/18/97Estt(B), dated 13.06.2000, issued control of the Public Authority will be by the Govt of India, Ministry of Personnel, provided. Public Grievance & Pension, Department of Personnel & Training, New Delhi, to EFL Information sought for pertains to Dr University has been verified by the Registrar, Manjusha Srivastava and cannot be the English and Foreign Languages University, disclosed, being a third party Hyderabad, after 26.03.2012. information.
CIC/SA/A/2015/001110 Information about Manjusha Srivastava, denied under section 8(1)(j) of the Act.
5. Copy of the relevant note file wherein letter No. EFLU/RTI/PIO/1756, dated 27.02.2012, of the Nodal Officer, the English Foreign Languages University, Hyderabad, addressed to the Govt of the India, Ministry of Personnel, Public Grievance & Pension, Department of Personnel & Training, New Delhi, has been approved by the ViceChancellor, EFL University, Hyderabad.
6. Copy of the RTI application which has been Information about Manjusha Srivastava, referred to as "RTI Query which has arisen in denied under section 8(1)(j) of the Act. the recent past" at para 1 of page 1 of the letter No. EFLU/RTI/PIO/ 1756, dated 27.02.2012, of the Nodal Officer, the English and Foreign Languages University, Hyderabad.
3. Being unsatisfied with the CPIO reply, appellant filed first appeal in these cases and thereafter approached the Commission.
Proceedings Before the Commission:
4. Multiple applications on the same subject matter against some public authorities by the same appellant at different point of time reflects unfair attitude of the appellant, which will chucked the system of all the public authority. Nobody knows how many RTI was filed by this appellant. He cannot harass the public authority like this. Some of the questions are just demanding questions, which was simply because of his wife who was not selected. Appellant being an educated and responsible government officer should not have done like this and should have refrained from this kind of activities. The letter of law has to be read with the spirit on object of law. The simple question of same subject on different point of time will result in unending, uncertain harassment. Most of the information sought by him does not help him in pursuing his legal rights, challenging the nonselection of his wife. His numbers of RTI application had also shown that appellant want to put undue pressure on the public authority to select his wife which the Commission cannot expect. If he feels that his wife is aggrieved, he understood that she has every right to pursue it for appropriate remedy, which the appellant is already doing.
5. The Commission finds that appellant has refused to answer certain questions to the Commission as to how the public interest is inevitable. The Commission is to inform that there is private vengeance against most of the RTI applications. The appellant has voluntarily submitted to the Commission that he had copy of the legal opinion and he does not want that and he also agreed that information under section 8 (1) (a) can be refused, restated as under:
" (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;"
6. The Commission advises him not to ask inquiry question and clarification questions under RTI Act. The Commission explains him how his multiple RTI applications have chucked the public authority and CIC. The Commission advises him to behave in a responsible manner like senior government officer which is expected from a retired senior government officer and allow the public authority to function. Do not put public authority under pressure of unnecessary information, litigation like this.
7. PIO of respondent authority argued that it was their party information, as information sought is about Dr. Manjusha Srivastava. The Commission asked PIO whether they obtained her view, if she is third party, PIO said 'no'. On the direction of the Commission Dr. Manjusha Srivastava was contacted over mobile phone and she expressed and declared that she has no objection to disclose the information sought by her husband about her.
8. Secondly, the PIO contended that most of the points of the information sought are going to be used by the appellant against public authority and hence in the interest of public authority it cannot be given. The Commission explained him that there is no provision to validate this contention. In RTI question, information for standing council and expenditure involved, copy of appointment of standing council and information about fee/remuneration paid shall be disclosed. Legal opinion also can be given.
9. Having heard the submission and perusal of records, Commission directs the respondent authority to provide the information sought by appellant as Dr. Manjusha Srivastava, third party, raised no objection on it, within 15 days from the date of receipt of this order. Appeal is disposed of accordingly.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Addresses of the parties:
1. The CPIO under RTI, English & Foreign Language University, Osmania University Campus, Tarnaka, Secunderabad500007.
2. Shri Ashok Srivastava, 115, Prashasan Nagar, Road No. 72, Jubilee Hills, P.O. Film Nagar, Hyderabad500096.