Central Information Commission
Munesh Kumar vs Prime Minister'S Office on 16 June, 2021
केन्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईनिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/PMOIN/A/2019/657142
Shri Munesh Kumar ... अपीलकताा /Appellant
VERSUS/बनाम
PIO, PMO ...प्रद्वतवादीगण /Respondent
Through: Shri Praveen Kumar
Date of Hearing : 14.06.2021
Date of Decision : 16.06.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 01.08.2019
PIO replied on : 05.09.2019
First Appeal filed on : 11.09.2019
First Appellate Order on : 10.09.2019
2ndAppeal/complaint received on : 16.11.2019
Information soughtand background of the case:
The Appellant filed an RTI application dated 01.08.2019 seeking information on the following 12 points:-
1. How much amount received in Prime Ministers National Relief Fund in last 3 Financial Year 2016-17, 2017-18 and 2018-19.
2. How much amount disbursed from Prime Ministers National Relief Fund in last 3 Financial Year 2016-17, 2017-18 and 2018-19 and on which sectors.Please provide sector wise disbursal amount.
3. How much amount is leftover or balance in Prime Ministers National Relief Fund on 1st August 2019.
4. What are the major issues behind the income and expenditure gap of Prime Ministers National Relief Fund in last 3 Financial Year 2016-17, 2017-18 and 2018-19.
5. Is the website https://www.narendramodi.in and NarendraModi app is a government website or application. Who maintained these two entities. Whether any government agency giving their services to these two entity.Page 1 of 5
6. How much amount spend on these https://www.narendramodi.in/ and Narendra Modi App two entities since their inception and from which head this amount allocated.
7. Is there any tender floated for maintaining these two https://www.narendramodi.in/and Narendra Modi App entity.
8. How much amount spend on upcoming episode of Man vs. Wild on Discovery Channel featuring Honorable Prime Minister NarendraModi. When and where the upcoming episode of Man vs. Wild on Discovery Channel was shoot. From which head this amount allocated to this project.
9. In which capacity either private or public, Honorable Prime Minister Narendra Modi participated in this upcoming episode of Man vs. Wild on Discovery Channel.
10. Is there any conflict of interest on promoting website https://www.narendramodi.in/ and Narendra Modi application by Honorable Prime Minister Narendra Modi. Please provide details with relevant statutory provisions.
11. Is there any private agency involved in the daily working of Prime Minister Office. If yes, What procedure followed to gave work order to that particular company or firm.
12. When Honorable Prime Minister Narendra Modi processed on foreign trip with private persons or industrialists. Who will pay these private persons or industrialists expenses on such trips. How much amount spend on such trips in last 3 Financial Year 2016-17, 2017-18 and 2018-19.
Please provide certified copy of all related orders, office memos and note sheets related to above points. If Any of above mention point not pertains to your jurisdiction, please forward my RTI application concern authority.
Queries have been reproduced verbatim The PIO/Under Secretary vide letter dated 05.09.2019 replied relying on certain decisions as under:-
Page 2 of 5Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 11.09.2019. The FAA/Dy. Secretary vide order dated 10.10.2019 upheld the reply of the CPIO stating that no specific query has been sought by the Appellant.
Aggrieved and dissatisfied with the response, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties. Both parties are heard through audio conference and reiterate their respective contentions, as discussed in the paragraphs above. While the Appellant stated that he is aggrieved by denial of information, it is the contention of the Respondent that the queries raised by the Appellant relate to varied subjects and are therefore covered by the ratio decidendi of the decisions cited by them.
Decision:
While deciding the case on merits, the Commission finds it pertinent to mention that multiple queries raised in the same RTI application not only burden the public authority in compiling information in order to reply to the disparate RTI queries but are counter-productive to the RTI regime per se because genuine information seekers often are unable to get the desired information due to a litany of unrelated queries asked by a single Applicant or multiple RTI applications filed by a single applicant. It is in this regard that the Courts have held in a plethora of instances discouraged such queries. The Hon'ble High Court in the matter of Shail Sahni v. Sanjeev Kumar & Ors., W.P.(C) 845/2014 had held as under:Page 3 of 5
"... ........ 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..."
Likewise in the matter of Rajni Mendiratta v. Dte. of Education (North West-B]., W.P.(C) no. 7911/2015, the Hon'ble High Court of Delhi vide its order dated 08.10.2015 had held as under:
"8. ... Though undoubtedly, the reason for seeking the information is not required to be disclosed but when it is found that the process of the law is being abused, the same become relevant. Neither the authorities created under the RTI Act nor the Courts are helpless if witness the provisions of law being abused and owe a duty to immediately put a stop thereto..."
The Hon'ble Supreme Court while deciding the matter Central Board of Secondary Education & Anr. v. Aditya Bandopadhyay & Ors. [2011 (8) SCALE 645] held as under:
"... The RTI Act provides access to all information that is available and existing. This is clear from a combined reading of Section 3 and the definitions of 'information' and 'right to information' under Clauses
(f) and (j) of Section 2 of the Act. If a public authority has any information in the form of data or analysed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions in Section 8 of the Act. But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-
available information and then furnish it to an applicant."
The right to information is a fundamental right as enshrined in the Constitution of India. The Hon'ble Supreme Court and the High Courts have declared in a plethora of cases that the most important aspect 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 and other information which may not have a bearing on accountability nor impact transparency, but overwhelm the public authority by the volume or the varied and unrelated nature of the information sought. The competent authorities under the RTI Act therefore need 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.
Page 4 of 5In the light of the above discussion, the Commission is convinced that the reply of the public authority is in order and does not suffer from any legal infirmity.
The appeal is thus disposed off with no further direction.
Y. K. Sinha (वाई. के. नसन्हा) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्विटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 of 5