Central Information Commission
Avinash Kumar Saxena vs Indian Army on 16 August, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File No.:- CIC/IARMY/A/2019/148191+
13 other files (as per annexure-1)
In the matter of:
Avinash Kumar Saxena
... Appellant
VS
Central Public Information Officer
O/o the Chief Executive Officer
Cantonment Board, Meerut Cantt, Pin - 250 001
...Respondent
Date of Hearing: 16/08/2021 Date of Decision: 16/08/2021 The following were present:
Appellant: Not present Respondent: Sh Piyush Gautam, CPIO, Sh V K Tyagi, Sanitary Superintendent & CPIO, Sh. Rajesh John, Accountant & CPIO, Smt. Kiran Bala, Revenue Superintendent & CPIO, Sh. Jaypal Singh Tomar/Office Superintendent & CPIO, present over phone
1. File No. CIC/IARMY/A/2019/148191 RTI Application CPIO replied on First Appeal filed FAA order dated Second Appeal filed on on filed on 13/05/2019 11/06/2019 26/06/2019 20/07/2019 24/09/2019 Information Sought:
The appellant has sought the following information related to the water coolers installed at Meerut Cantt:
1. Provide list containing details of the water coolers and plants for supply of water installed in Meerut Cantt.1
2. Provide the list containing the name and addresses of the persons / entities which are engaged in the business of water in Lalkurti, Topkhana, Sadar Bazar, Civil and Bungalow areas
3. Give details of the factories which are manufacturing ice-cream in Meerut Cantt.
2. File No. CIC/IARMY/A/2019/148471 RTI Application CPIO replied on First Appeal filed FAA Order dated Second Appeal filed on on filed on 25/05/2019 24/06/2019 22/07/2019 16/08/2019 27/09/2019 Information Sought:
The appellant has sought the following information:
1. Provide the details of the grants-in-aid given by Ministry of Defence or DGDE or State Govt. to Cantt Board Meerut from 1st April 2009 to 30th April 2019.
2. Provide project-wise details of the expenditure made out of the said grants.
3.File No. CIC/IARMY/A/2019/149196 RTI Application CPIO replied on First Appeal filed FAA Order dated Second Appeal filed on on filed on 04/06/2019 01/07/2019 08/07/2019 07/08/2019 07/10/2019 Information Sought:
The appellant has sought the following information related to Mr. Awadhesh Yadav, working as Field Staff and Technical Staff in the engineering department of Cantt Board Meerut:
1. Provide copy of the documents (diploma, degree, educational qualification and experience certificate) available in the file records related to the appointment of Mr. Yadav.
2. Provide details of diploma or degree qualification possessed by Mr. Yadav at the time of joining Cantonment Board. Provide the name of institute/college from where he pursued the course. Also provide copy of the degree/diploma certificate.
3. Provide the details of the officers who were member of the selection committee, which interviewed Mr. Yadav. Also provide the date on which the interview was held.
4. And other related information 2
4. File No. CIC/IARMY/A/2019/161765 RTI Application CPIO replied on First Appeal FAA order Second Appeal filed on filed on dated filed on 22/06/2019 18/07/2019 08/08/2019 04/09/2019 02/12/2019 Information Sought:
The appellant has sought the following information in respect of the hoardings, flex boards, uni-polls, etc. Installed in the Meerut Cantt:
1. Provide the details of contractor to whom the contract for the above stated works has been awarded. Also provide the duration of the contract and a copy of the contract executed with the contractor.
2. Provide the terms and conditions of the contract pertaining to installation of hoardings, flex boards, uni-polls, etc.
3. Provide a copy of the contract entered into between contractor and Cantt. Board Meerut.
4. And other related information
5. File No. CIC/IARMY/A/2019/156179 RTI Application CPIO replied on First Appeal FAA order Second Appeal filed on filed on dated filed on 12/06/2019 17/07/2019 01/08/2019 Not on Record 13/11/2019 Information Sought:
The appellant has sought the following information pertaining to the Board meeting held on 29/05/2019:
1. Provide details of the 14 cases of mutation which had been placed for consideration at the above said Board meeting.
2. Provide a copy of Minutes of the above said Board meeting.
6. File No. CIC/IARMY/A/2019/161766 RTI Application CPIO replied on First Appeal FAA order Second Appeal filed on filed on dated filed on 22/06/2019 18/07/2019 09/08/2019 04/09/2019 04/12/2019 Information Sought:
The appellant has sought the following information:
1. Provide details of the contractors to whom parking contracts have been awarded. Provide a copy of each of the contracts.3
2. Provide terms and conditions of the parking contract.
3. Provide copy of the contract executed between Cantonment Board and the contractor.
4. And other related information.
7.File No. CIC/IARMY/A/2019/149192 RTI Application CPIO replied on First Appeal FAA order Second Appeal filed on filed on dated filed on 30/05/2019 27/06/2019 05/07/2019 29/07/2019 04/10/2019 Information Sought:
1. How many properties had been sealed under Cantonment Act 2006 in Civil area during 13/08/2015 to 12/02/2018 during the tenure of Ex-CEO Mr. Rajiv Srivastava? Provide the list containing property number, name of the owner, his address and survey No. Also provide the copy of the notice issued.
2. How many properties had been sealed under Cantonment Act 2006 in Bungalow area during 13/08/2015 to 12/02/2018 during the tenure of Ex-CEO Mr. Rajiv Srivastava? Provide the list containing property number, name of the owner, his address and survey No. Also provide the copy of the notice issued.
8.File No. CIC/IARMY/A/2019/156176 RTI Application CPIO replied on First Appeal FAA order Second Appeal filed on filed on dated filed on 14/06/2019 10/07/2019 17/07/2019 13/08/2019 15/11/2019 Information Sought:
1. How many properties had been sealed under PPE Act 1971 in Civil area during 13/08/2015 to 12/02/2018 during the tenure of Ex-CEO Mr. Rajiv Srivastava? Provide the list containing property number, name of the owner, his address and survey No. Also provide the copy of the notice issued. Provide details of properties which had been de-sealed.
2. How many properties had been sealed under PPE Act 1971 in Bungalow area during 13/08/2015 to 12/02/2018 during the tenure of Ex-CEO Mr. Rajiv Srivastava? Provide the list containing property number, name of 4 the owner, his address and survey No. Also provide the copy of the notice issued. Provide details of properties de-sealed.
9.File No. CIC/IARMY/A/2019/161770 RTI Application CPIO replied on First Appeal FAA order Second Appeal filed on filed on dated filed on 17/07/2019 26/08/2019 31/08/2019 31/10/2019 17/12/2019 Information Sought:
The appellant has sought the following information:
1. Provide copies of the orders issued by the CEO for stopping the unauthorized construction in the Cantonment area for the period from 01/04/1999 to 30/03/2009.
2. Give details of the court cases (District Courts, High Courts and Supreme Court) where Cantonment Board has lost the cases under PPE Act in respect of properties located at old grant land of Civil Area.
10.File No. CIC/IARMY/A/2019/163290:
RTI Application CPIO replied on First Appeal FAA order Second Appeal filed on filed on dated filed on 25/05/2019 25/06/2019 24/07/2019 18/09/2019 26/11/2019 Information Sought:
The appellant has sought the following information:
1. Provide copies of the orders issued by the CEO for stopping the unauthorized construction in the Cantonment area for the period from 01/04/1999 to 30/03/2009.
2. Give details of the court cases (District Courts, High Courts and Supreme Court) where Cantonment Board has lost the cases under PPE Act in respect of properties located at old grant land of Civil Area.
11. File No. CIC/IARMY/A/2019/161767 RTI Application CPIO replied on First Appeal FAA order Second Appeal filed on filed on dated filed on 24/06/2019 17/07/2019 13/08/2019 21/09/2019 14/12/2019 Information Sought:
The appellant has sought the following information:5
1. Provide details of amount incurred on the installation of idols/effigy in the park opposite to the office of the Cantonment Board, during the tenure of Mr. Rajiv Srivastava, CEO.
2. Provide the name and designation of the officials who supervised and inspected the work of installation of idols/effigy in the park.
3. Give details of all the places in the Cantonment Board area where idols/effigy have been installed. Provide a copy of the file with regard to the same, containing details of orders issues, amount spent, name of officials who supervised the work, name of the contractor, date of commencement and date of completion of work, etc.
4. And other related information.
12.File No. CIC/IARMY/A/2019/161768 RTI Application CPIO replied on First Appeal FAA order Second Appeal filed on filed on dated filed on 24/06/2019 17/07/2019 14/08/2019 17/09/2019 15/12/2019 Information Sought:
The appellant has sought the following information:
1. Provide details of the triangular platforms erected on the roads or nearby roads during the period from 01/07/2017 to August, 2017. Give details of the expenditure incurred as also the copy of the approval given for the same.
2. Provide details of the expenditure incurred on erecting triangular platform near Jolly Shopping centre.
3. Provide details of the expenditure incurred on erecting triangular platform near Shudh Namkeen Bhandar.
4. And other related information
13.File No. CIC/IARMY/A/2019/161769 RTI Application CPIO replied on First Appeal FAA order Second Appeal filed on filed on dated filed on 26/06/2019 25/07/2019 12/08/2019 17/09/2019 16/12/2019 Information Sought:
The appellant has sought the following information with reference to the orders passed by the Hon'ble High Court, Allahabad in the year 2014 and 2016 6 for taking action against the officials of the Cantonment Board with regard to unauthorized constructions carried out at Bungalow No. 210-B:
1. Provide details of action taken against the officials of the Cantonment Board in compliance of the order issued by the High Court in 2014.
2. Provide the status with regard to the compliance of the order of the High Court passed in the year 2014.
3. Provide details of action taken against the official of the Cantonment Board in compliance of the order issued by the High Court in 2016.
4. And other related information.
14.File No. CIC/IARMY/A/2019/160213:
RTI Application CPIO replied on First Appeal FAA order Second Appeal filed on filed on dated filed on 20/06/2019 17/07/2019 05/08/2019 17/09/2019 25/11/2019 Information Sought:
The appellant has sought the following information:
1. Provide details of the properties in the Civil Area in respect of which orders were issued for stopping the unauthorized construction during the period of Ex-CEO Mr. Rajiv Srivastava from 13/08/2015 to 12/02/2018. Also provide the copies of the notices issued in this regard.
2. Out of the properties mentioned at point 1 above, provide details of the properties in respect of which orders for demolition were issued under Cantonment Act. Also provide copies of the said orders.
3. Provide details of the properties in the Bungalow Area in respect of which orders were issued for stopping the unauthorized construction during the period of Ex-CEO Mr. Rajiv Srivastava from 13/08/2015 to 12/02/2018. Also provide the copies of the notices issued in this regard.
4. And other related information.
Grounds for filing Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not available on mobile phone despite due service of notice on 20.07.2021 vide speed post acknowledgment no. ED509334883IN. Further, his mobile phone was switched off at the appointed time for audio 7 conferencing. In view of the same, the Commission decided to dispose of the cases based on the materials available on record. The CPIOs available during the hearing requested to consider the decision of the same bench of 29.07.2021 in the matter of the same applicant and dismiss the present cases due to it being devoid of merits.
Observations:
At the outset it was noted that the same bench had disposed of the appellant's 12 second appeals on 29.07.2021, in which the information sought was from the same respondent and though different information was sought, but basically they revolved around the same issues. The relevant paras of the decision taken on 29.07.2021 are enumerated below:
"The Commission finds no flaw in the respondents' replies. The FAA's offer of inspection was in the spirit of the Act and shows the helpful attitude of the Appellate Authority, despite numerous RTI applications filed by the same applicant. It is pertinent to mention here that the appellant's unwillingness to visit the respondent's office for inspection shows his inaction and lack of interest in obtaining information. His allegations of undue pressure by the respondents are premature as he had never actually visited the CPIO's office for inspection. Furthermore, it came to light that there are a few applicants who are in the habit of filing repeated RTI applications asking for similar information from the Meerut Cantonment, which is flooding the Commission also with second appeals of repetitive nature and more or less on the same subject matter, broadly related to illegal construction, eviction, notices of eviction etc. Therefore, the CPIO Piyush Gautam is hereby directed to send a written statement of the list of such applicants whose second appeals are pending with this bench and which can be disposed of in a clubbed manner reducing the pendency of this bench as well as for quick disposal for the parties too. The CPIO shall submit the list by 15th of August 2021 to the Deputy Registrar of this bench without fail. The CPIO shall also comply with the order of the bench in case no. 160222 within 7 days from the the date of receipt of this order. The appellant is advised to exercise his right to information responsibly and refrain from casting aspersions on the officers without any substantial proof. He is also advised to go for inspection in future wherever it is offered and is justified."
Taking note of the above decision, the Commission also notes that today 14 second appeal cases are again fixed for hearing, in which various information was sought by the appellant as listed above from the same respondent. The Commission had already advised the appellant to exercise his right to 8 information responsibly. However, his RTI applications being related to the same time period i.e. 2019, was examined by the applicant case-wise and noted that in these 14 cases also, the appellant has basically asked for information relating to various subjects, viz. Water coolers, grants in aid, educational certificates of Awadesh Yadav, Flex boards, mutation, parking contracts, sealing of properties, PPE Act information, stopping unauthorised construction, installation of idols/effigy, triangular platforms, unauthorised construction of Bungalow no. 210-B etc. The earlier 12 second appeals which were already adjudicated were also compared and it was noted that the appellant is asking for all and sundry information from the same respondents and it appears that he is having personal grievance with the respondent and is simply making a mockery of the RTI Act and harassing the public authority. The Legislative scheme of the RTI Act was never to allow applicants to exercise their right recklessly without any restraint. However, the replies were examined of all the 14 appeals and it was noted that suitable replies were given in all the appeals. Further, it was also noted that the CPIO had offered inspection, wherever information sought was voluminous and the appellant as in previous cases, without any justification failed to avail of the inspection facility.
It is relevant to mention below the Apex Court observations relating to impractical demands of the appellants in the case of CBSE vs Aditya Bandopadhyay & Ors on 9 August, 2011, CIVIL APPEAL NO.6454 OF 2011[Arising out of SLP [C] No.7526/2009 "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. 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."
9Decision:
Keeping in view the facts on record and the submissions made during the hearing by the CPIOs and the above citation, the Commission grants no relief to the appellant in the matter. From the appellant's unavailability over phone at the appointed time for audio hearing, it is rather apparent that his only intention was to harass the public authority as well as to waste the time and resources of the Commission.
In view of the foregoing and the decision of the Commission in 12 appeals decided on 27.07.2021 referred to above, these appeals are accordingly dismissed.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 10 Annexure - 1 Date of hearing : 16/08/2021 S No. File Number
1. CIC/IARMY/A/2019/148191
2. CIC/IARMY/A/2019/148471
3. CIC/IARMY/A/2019/149196
4. CIC/IARMY/A/2019/161765
5. CIC/IARMY/A/2019/156179
6. CIC/IARMY/A/2019/161766
7. CIC/IARMY/A/2019/149192
8. CIC/IARMY/A/2019/156176
9. CIC/IARMY/A/2019/161770
10. CIC/IARMY/A/2019/163290
11. CIC/IARMY/A/2019/161767
12. CIC/IARMY/A/2019/161768
13. CIC/IARMY/A/2019/161769
14. CIC/IARMY/A/2019/160213 11