Central Information Commission
T. V. Sundaresan vs National Legal Services Authority on 25 September, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NLSAT/A/2023/654488
Shri T. V. Sundaresan ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, National Legal Services Authority ...प्रनतवािीगण /Respondent
Date of Hearing : 23.09.2024
Date of Decision : 23.09.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 04.09.2023
PIO replied on : 03.10.2023
First Appeal filed on : 17.10.2023
First Appellate Order on : 03.11.2023
2 Appeal/complaint received on
nd : 14.12.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 04.09.2023 seeking information on following points:-
3) "Matters pending with NALSA;
• 3.1) conducting video proceedings in connection with my grievances • 3.2) steps taken by NALSA pursuant to its duties under Sec 4 LSAA with emphasis on ATR after I reminded NALSA of its duties (steps taken may be mentioned for each clause from clause "a" to clause "n" of Sec 4 of LSAA
4) Matters pending with HCLSC, Mumbai;
• 4.1) translation from Hindi to English of the annual report of NERAMAC for 1988- 89 hosted at the web site of the company in 2023 after my complaints to Lokpal, where fraudsters in the company and also Ministry Development NE Region ensured that the said document was suppressed and not hosted publicly • 4.2) translation from Marathi to English of a letter to my wife from the Joint Registrar Cooperatives CIDCO, CBD Belapur, Navi Mumbai
5) Matters pending with NALSA, HCLSC Mumbai, MSLSA (Maharashtra State), GHCLSC (Guwahati High Court), ASLSA (Assam State);
• 5.1) Complete and entire records and proceedings of the judicial proceedings initiated by me at Honble High Court still not received • 5.2) gathering reference numbers of writ petition filed by me in 1991 and contempt petition in 1990 5.3) Complete and entire records and proceedings of the judicial proceedings initiated by me at Honble High Court in respect of the proceedings at para 5.2 Page 1 of 5
6) A few mails addressed (see para 7 below) to among others to SCLSC applying for legal aid and / or appeals to Chairman SCLSC. All of these deal with legal aid pertaining to many matters, major of whom include;
6.1) unlawful acts of ICAI and unlawful and ultra vires delegated laws according undue advantages to fraudster auditors, habitually fraud perpetrating and / or misconducting auditors contributing to AGM fraud and consequent losses due to AGM fraud, whether at NERAMAC or at DHFL or at ILFS or anywhere including PNB Bank, Yes Bank, Bhusan Steel, PMC Bank, LVBank, ABG Group, Videocon, Reliance Capital, Reliance Infra, CGS Power, Amrapalli, Unitech, Jaypee losses in insolvencies following AGM fraud where auditors, secretarial auditors, CAG, audit committee etc are involved • 6.2) unlawful acts at Central Information Commission • 6.3) unlawful acts at SCLSC etc etc eg fabricating my income Etc etc etc ......
8. The information sought is:
• How Ms Nidhi got access to those papers transferred by FAA NALSA to FAA SCLSC where her (Ms Nidhi's) misconduct was the subject matter of information sought • To whom did NALSA had over the letters -
• Do we have moles, fraudsters and those aiding and abetting fraudsters at SCLSC and at NALSA • Checks and balances at NALSA and SCLSC to prevent such fraud, including fraud of fabricating my income to perpetuate fraud, betray me to perpetuate AGM fraud and encourage further AGM fraud by legal aid counsels where such AGM fraud have resulted in losses to the nation , its people , PF trusts etc etc"
The CPIO vide letter dated 03.10.2023 replied as under:- "With regard to your RTI application, it is informed that for providing information on para no. 4,5,6,7,8 &9 relating to other public authorities i.e., PIO, HCLSC (Mumbai), CPIO, SCLSC, PIO Maharashtra SLSA and PIO, Guwahati High Court vide letters dated 06.09.2023. These letters were forwarded to you also and same was attached herewith for ready reference.
You are also informed following:
Para no. 3.1: With regard to this point, it is informed that for video conferencing with you has been held by the Maharashtra SLSA/HCLSC Mumbai. Further, an e-mail was also sent to SCLSC for video conferencing with you and matter is listed for 03.10.2023.
Para no. 3.2: With regard to this point, you have not clearly mentioned as to what information do you want to know from this office. However, as per Section 4 of the Legal Services Authorities Act, 1987, the functions of the Central Authority are making policies, schemes for legal aid and utilisation of fund for the legal services. Para no. 8 (sub bullet 2): with regard to this, it is informed that NALSA letters dated
09.11.2022 and 12.12.2022 were sent to SCLSC relating to NLSAT/R/E/22/00474 and NLSAT/A/E/22/00090. You may contact to the SCLSC in this regard. Para no. 8 (Sub bullets 3 & 4): with regard to these points, it is informed that you have not sought any material information pertaining to NALSA as defined under Section 2(f) of the RTI Act, 2005. However, it is informed that Legal Services Institutions are governed as the Legal Services Authorities Act, 1987 and Regulations framed for the Legal Services Institutions and the principal objective of NALSA and Legal Services Institutions is to provide free legal assistance/services to Page 2 of 5 the persons eligible under Section 12 of the Legal Services Authorities Act, 1987 and the schemes made thereunder."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.10.2023. The FAA vide order dated 03.11.2023 stated as under:-
"11. .....during the hearing of the first appeal, he alleged that he received reply dated 26.09.2023 from HCLSC-Mumbai in vernacular language in response to the present RTI application no. NLSAT/R/E/23/00388 transferred by NALSA. He stated that after receiving the reply from HCLSC-Mumbai, he sent e-mail dated 04.10.2023 to HCLSC Mumbai for providing him English translation of the reply but till date he has not received translated version. In this regard, it is pertinent to mention that the appellants RTI application has already been transferred by the CPIO, NALSA vide letter dated 06.09.2023, hence, any grievance with regard to supply of information is to be dealt by the concerned public authority. Therefore, appellant may directly contact to High Court Legal Services Committee for getting the translated document.
12. The appellant has also alleged that the Supreme Court Legal Services Committee has failed to provide assistance in his matters pending before them. He has also stated that he filed appeal before the Supreme Court legal Services Committee. During the hearing, the appellant has also raised some AGM fraud and has been alleging that legal aid counsels of SCLSC are ignoring the AGM Fraud for so many years. Here, it is pertinent to state that the appellant has been raising the same areas of concern which were raised by him in previous RTI applications and first appeals which have already been dealt by the First Appellate Authorities of NALSA under RTI Act, 2005 vide order dated 06.03.2023, 19.07.2023. Here, it is pertinent to mention that once the appeal has already been decided on the same points on merits, the appellant cannot reagitate same contents again and again in fresh first appeal under RTI Act. No fresh findings on these points can be given as it will lead to multiple findings on the same issue. Hence, no interference is called for in this regard. The appellant in his first appeal has also alleged CIC has not acted upon for over 4 years on matters of unlawful acts by ICAI, Ministry of Corporate Affairs and others. This Authority cannot delve into such questions involving a superior authority.
13. Further, the appellant has stated that he filed appeal before the Executive Chairman of Supreme Court Legal Services Committee in respect of monitoring the performance of the Supreme Court Legal Services Committee but he has not received any response, and hence, stated that NALSA should intervene in this. In this regard, the appellant should directly approach to the Supreme Court Legal Services Committee. Here, it is pertinent to mention that Regulation 7(5) of the NALSA (Free and Competent Legal Services) Regulations, 2010 provides that "Any person aggrieved by the decision or order of the Member Secretary or the Secretary, as the case may be, he may prefer appeal to the Executive Chairman or Chairman of the Legal Services Institution and the decision or order in appeal shall be final. This provision clearly states that the final decision of the respective Legal Services Institution lies with the higher authority of the concerned Legal Services Institution. The said provision of the NALSA (Free and Competent Legal Services) Regulations, 2010 has already been informed vide the FAA, NALSA order dated 19.07.2023 passed in his First appeal dated 12.6.2023 and provided to the applicant vide NALSA letter dated 20.07.2023."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 3 of 5Facts emerging in Course of Hearing:
The Appellant has sent exhaustive written submission which has been duly taken on record.
Hearing was scheduled after giving prior notice to both the parties. Appellant: Present through video conference Respondent: Ms. Minakshi Vij - Advocate; Mr. Ashok Kumar Verma - Asstt. Section Officer, SCLSC; Mr. Ram Singh - SO, Department of Justice; Ms. Meena - SO; Ms. Jyoti Divya - CPIO, DOLA; Ms. Vandana Sharma - SO, DOLA and Ms. K Lalita - ASO, DOLA were present for hearing.
The Appellant contended that he was not satisfied with the reply sent by the Respondent claiming that inaccurate response had been provided to him by the Respondent.
Respondent present during hearing stated that information with respect to queries number 4, 5, 6, 7, 8 & 9 related to other public authorities i.e., PIO, HCLSC (Mumbai), CPIO, SCLSC, PIO Maharashtra SLSA and PIO, Guwahati High Court, hence the RTI application was duly forwarded to the concerned/relevant public authority vide letters dated 06.09.2023 under intimation to the Appellant. The remaining queries were duly responded by PIO, NALSA on the basis of available records, as per the provisions of the RTI Act. There was no other information to be furnished nor action to be taken under the scope and ambit of the RTI Act.
Decision Upon perusal of records of the case and hearing averments of the parties, it is noted that information available with the Respondent had been duly provided by them, while for the remaining queries, the RTI application was duly transferred to the relevant public authority, under intimation to the Appellant. The concerned actual custodians of information have also sent their respective responses, as per documents placed on record. Considering the type and number of queries, the Commission finds it pertinent to refer to the observation of the Apex Court in the decision dated 09.08.2011 in the case titled: Central Board Of Secondary Education & Anr. vs Aditya Bandopadhyay & Ors specifically discussing this aspect:
"33. The Act seeks to bring about a balance between two conflicting interests, as harmony between them is essential for preserving democracy. One is to bring about transparency and accountability by providing access to information under the control of public authorities. The other is to ensure that the revelation of information, in actual practice, does not conflict with other public interests which include efficient operation of the governments, optimum use of limited fiscal resources .....
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 Page 4 of 5 their time in collecting and furnishing information to applicants instead of discharging their regular duties.
Emphasis supplied In the light of the aforementioned decision and in view of the fact that appropriate response has already been furnished to the Appellant and appropriate action has been initiated by the public authority, in consonance with the provisions of the RTI Act, no further intervention is warranted in this case under the RTI Act. The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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