Central Information Commission
Mrkuldeep Singh Yadav vs Gnctd on 4 June, 2015
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/SA/A/2014/000556
CIC/SA/A/2014/000773
CIC/SA/A/2014/000774
CIC/SA/A/2014/000775
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/2014/001911
CIC/SA/A/2014/001298
CIC/SA/A/2014/001612
CIC/SA/A/2014/001294
Appellant : Vijay Kumar Garg and
Kuldeep Singh Yadav
Respondent : Food & Supply Dept GNCTD
Date of hearing : 18122014 & 6.1.2015 Date of decision :
Information Commissioner : Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) Page 1 Referred Sections : Sections 19(3) of the RTI Act Result : Appeal disposed of Observation : A case of Misuse of RTI
1. The appellant is not present. The Public Authority is represented by Ravinder Kaur, FSO. , T. N Meena, Suman Vid(FSO), Arun Tandon, Narender tank (FSO), R K Anand. FSO.
2. All the above stated appeals have been clubbed together, as the subject matter of all the appeals are more or less same.
FACT:
CIC/SA/A/2014/000556
3. Appellant through his RTI application dt 3.1.2014 is seeking information with respect to FPS, through 6 points. CPIO replied on 24.1.2014 giving point wise reply. Being unsatisfied, appellant filed first appeal. FAA in his order dated 11.3.2014 disposed of the appeal stating that the requisite informaiton has already been supplied to the appellant vide communication dated 2412014. Being unsatisfied with the FAA order, appellant made second appeal before the Commission.
CIC/SA/A/2014/000773
4. Appellant through his RTI application dated 23.1.2014 is seeking information with respect FPS situated in mandal no. 18 through 6 points. CPIO on 13.2.2014 provide point wise reply. Being unsatisfied with the CPIO reply, the appellant made first appeal on Page 2 18.3.2014.FAA vide order dt 17.4.2014 directed the CPIO/Assistant Commissioner to provide information within 15 days. On non compliance of FAA order, the appellant approached the Commission in second appeal. CIC/SA/A/2014/000774
5. Appellant through his RTI application dt 13.1.2014 is seeking information with respect FPS of mandal no 58 through 5 points. CPIO requested the appellant to deposit Rs 5260/ for obtaining the copies. Being unsatisfied with the CPIO reply, the appellant made first appeal on 26.2.2014.FAA by his order dated 16.4.2014 upheld the reply of PIO. Being unsatisfied with the FAA order, the appellant approached the Commission in second appeal.
CIC/SA/A/2014/000775
6. Appellant through his RTI application dated 24.2.2014 sought to know about the compliance of RTI act by the FAA & PIO through 7 points. CPIO on 3.4.2014 gave point wise reply. Unsatisfied with the PIO reply, the appellant made first appeal on 28.3.2014.FAA on 22.4.2014 ordered that case already been decided on 7.2.2014 and was complied off by the PIO as the appellant is claiming non receipt of information he may approach Central information Commission. Being unsatisfied with the FAA order, the appellant approached the Commission in second appeal. Proceding Before The Commission:
7. The respondent officer submitted that the appellant Mr. Kuldeep Singh Yadav is proxy for Mr. Vijay Kumar Garg, as both file the photostat copies of handwritten RTI application for Page 3 same or similar information from same or different offices. Opportunity of inspection was also given to them in some cases but they never turned up
8. The Commisison finds the appellant Mr. Kuldeep Singh Yadav to be an associate of Mr. Vijay Kumar Garg and as the covering letter to RTI application on comparision with the RTI letter in file No. CIC/SA/A/2014/000557/866 (which are heard today) is in the same hand writing except the numbers. The contact address is also same for both the appellants.
This is an example that confirms suspicion that a scandal might be under operation by some people in the garb of exercising RTI applicants. Taking this into consideration takeup a breif sumary of all the previous cases decided by the Commission and deal with all the rest of the cases pending before the Commsision with respect to these Contangrous applicants.
Sumarry of cases decided by Commision of Apellant Vijay Kumar Garg. S. Case No Public Authority Information sought for Commission Direction No 1 CIC/AD/A/2013/001514SA Department In relation to Kerosene Directed the . Food and Free Delhi Scheme, respondent authority 1 Supply, GNCTD Anna Shree yojna & to furnish information n action taken report on with respect to Q no 5 his letter to PGC of RTI application 2 CIC/AD/A/2014/000104SA do Appellant submitted . CIC/AD/A/2014/000116SA that he got info. On his CIC/AD/A/2014/000024SA all 3 appeal. Hence Commission had closed the Appeal Page 4 3 CIC/AD/A/2014/000117SA do In relation to Food Appellant was not . CIC/AD/A/2014/000198SA Circle No 17, 39,47 & satisfied with the CIC/DS/C/2014/000593SA 63, regarding detail of information furnished CIC/AD/C/2014/000023SA ration food article, and requested for kerosene oil supplied Inspection. In view of to various FPS. the above Commission directs the respondent authority to facilitate inspection.
Note: Commission while hearing the above appeals had stated that information sought by the appellant was in public interest and by hearing the combined hearing the Commission had avoid the possibility of 2000 more RTI application. The appellant had also submitted that after he received the notice of hearing from the CIC, he had met all the CPIOs of the concerned divisions and appealed to them to respond positively and he was happy that they have responded positively. The Commission notes the appreciation that most of the respondents recorded their appreciation for the appellant and said that he became their friend. The appellant also profusely thanked the respondents. The commission observes that the appellant has set a new trend in resolving information related disputes through coordination and friendly negotiations.
4. CIC/SA/A/2014/000366 Department of Details about the Respondent authorities Dr Women and Child Ladli Yojna Nisha Aggarwal on Development, Branch of WCD 05.12.2014 had submitted an GNCTD namely, Name, application stating that address, Phone sufficient information had Page 5 number of branch been furnished and also concerned with stated that the appellant had the Ladli Yojna filed application in PGC also and detail of the on the same issue and had worker there etc been given a satisfactory reply. She further cited instances whereby the appellant had been found misusing the system to his own benefit.
After hearing both the parties, the Commission observed that if the respondent authority finds any prima facie evidence against the appellant, they may proceed as per the law. As far as the RTI application was concerned, sufficient information was given for Point No. 1 & 2 and the appellant was also informed about the scheme.
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5. CIC/SA/A/2014/000557 Department of Information was The respondent officer & Women and Child sought in relation facilitated inspection of the CIC/SA/A/2014/000866 Development, to appellant seven fair price shops on GNCTD previous RTI 16122014 to the application dated appellant. He was told that 16.12.2014.
the inspection of the seven And in the fair price shops has been second Appeal, finished by the appellant he had sought information in within a short span of 2 relation to FPS hours, implying thereby vacancy in that he has not done any 2013/14 inspection, but extracted the bribe money from each shop and acknowledged the inspection. He received this complaint from one of the FPS dealers he inspected.
From each shop, he collected Rs.1,000/ and acknowledged the inspection. Thereafter he has withdrawn this appeal. Page 7 The Commission after hearing (Appelant was not present) the respondent observed tht appellant is misusing the RTI Act and directed the Pio the PIO is directed to examin in depth the purpose for which the appellant is asking RTI questions and if he finds any possibility of misusing, he shall not answer such questions and take appropriate action, keeping in mind that the appellant misused RTI earlier by asking for inspection of the shops. The PIO has given his written submissions in this regard. The Commisison directs the PIO to paste this order in the office premises/FPSs and upload the same in their web site and give directions to the Page 8 FPS dealers not to pay any money to the appellant Mr. Vijay Kumar Garg.
4. The Commission further recommends that in view of the multiple number of RTI applications and the possibility of misuse of RTI Act as reflected in the cases of Shri Vijay Kumar Garg and his associates, the Commission recommends the public authority to provide the following information on the website:
1. Total stock for each month released to the FPS dealer and monthwise details to each FPS
2. Shopwise consumption and Page 9 distribution of rations;
3. Complaints, if any against the FPS dealers and action taken on complaints.
The above details shall be placed on the web site and updated every month. The action taken information on the complaints shall also be updated. This would help the citizens to have information without resorting to RTI applications. The Commission would like to remind the Public Authority that this kind of information is to be placed on the public domain voluntarily by the Public Authority, as mandated by section 4(1)(b) of the RTI Act.
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6. CIC/SA/A/2014/000983 Department of Appellant through Respondent submitted that Social Affair, his RTI the appellant in a letter dated GNCTD application had 02.05.2014 wrote he did not sought for require that information information in anymore, and he was relation to the withdrawing the same. date of Respondent further submitted establishment of that the information sought by the office, Details the appellant was all available of DSWO from in the website and that the the date of its appellant was only in the establishment, habit of filing repeated RTI from when the applications to harass them. Widow Pension was started, from The Commission noted when the appellant's numerous RTI handicap pension applications on the same was started..etc 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 precious time of the Public authority and the Page 11 Commission.
......
Even though 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 Sec 4 of RTI Act in their website and a hard copy of the same be 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 schemes of the department was already uploaded in their website. The best way of fighting misuse of RTI by Page 12 persons such as appellant is to put all organizational information, welfare scheme related details on the website under Section 4 of RTI Act.
Proper transparency mechanisms would leave no scope for touts.
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 and directs him to pay Rs 500 to the Respondent Authority, which amount shall be used for RTI cell of the public authority. Page 13 The Commission direct 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 any money to them or any employee of the department. 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 misusers of RTI Act
7. CIC/SA/A/2014/000559 SDM(Elections), Information was The appellant is not GNCTD sought with present. The respondent respect to AERO officers submitted that the Office in AC08 information sought by the viz i) details of appellaant has already the been furnished to the officials/employe appellant. The es posted in the Commission having peruse AC8 Office ii) the record, finds that Page 14 details of the sufficent information has officials posted been furnished to the for making of appellant Voter ID Card iii) on 1 july 2013, in this Vidhan Sabha Constituency, how many votes were there, etc.
8. CIC/SA/A/2014/000357 Lokayukt Office, Information with The appellant is not New Delhi respect to present. The respondent Complaint authority have made their made by him in submissions. The relation to MLA appellant Shri Vijay Kumar Manoj Shaukin Garg has filed the RTI Viz i) ATR and application seeking certain the details of information regarding his the officer who complaints agains the handled the MLA, Shri Manoj Shaukin. Complaint ii) He wanted to know the details of the action taken on his rule and complaints by the Page 15 regulations respondent authority. The corresponding respondent authority the evidence represented by Mr. Satya collection with Parkash, Asstt. Director respect to the submitted that they complaint,etc. furnished the desired information to him point wise on 20112013 and he has shown the same to the Commission during hearing. He has also furnished the copy of Delhi Lokayukt and Uplokayut Act in Hindi Language to the appellant, in compliance with the FAA order, even though the same is available on the official website. In view of this the Commission closes the appeal.
9. CIC/SA/A/2014/000414 Department of Sought Appellant was present. The Food and Supply, information on 4 respondent authority GNCTD Points with submitted that the information respect to the has already been furnished to Page 16 First Appellate the appellant and a copy of Authority of the the same is shown to the respondent Commission during hearing. authority Viz The appellant agreed that he Name of FAA had received the information. and his details, Hence the Commission FAA personal closes the appeal. staff details etc.
10. CIC/SA/A/2014/000417 Department of Information on 2 Appellant was present. PIO Food and Supply, & Points with submitted that generally the GNCTD CIC/SA/A/2014/000418 respect to FPS information about the stocks Shop in Uttam and supplies of the fair price Nagar / Adarsh shops are made available in Nagar Viz along the Public domain of their with the official website and it will also FPS/KOD the be available at the respective card detail for FPS and the Office. People August and who are genuine card holders September 2013, can have the free under PDS, the access/inspection of this quantity of food data. But the respondent/PIO grain details etc, contended that in this case, Page 17 For month of the appellant is not a genuine August 2013 card holder and as per their Sale/Stock Commissioner's orders, such registry details, people are not allowed all FPS shop inspection of the relevant detail of the records.
number of
application
submitted under But the Commission
NFS Act etc. disagrees with the contention
of the respondent officer as under the RTI Act, inspection cannot be denied to the appellant. Hence the Commission directs the respondent authority/PIO to facilitate inspection of the relevant record to the appellant within 2 weeks from the date of receipt of this order.
11. CIC/SA/A/2014/000617 Department of Appellant through The Commission on perusal & Women and Child his RTI of the documents with CIC/SA/A/2014/000618 development, & GNCTD applications had respect to all the above CIC/SA/A/2014/000984 sought for stated appeals, and after & CIC/SA/A/2014/001550 information with hearing both sides directs the Page 18 respect to PIO to provide a application comprehensive note with recieved regard to the information concerning sought to the Appellant within Widow's one month of receipt of this daughter order. The information marriage finance, furnished shall be uploaded Hanicap Pension, on the department website NFBS and a copy shall be endorsed application..etc to the Commission. DECISION
9. The Commission, exercising its power under 19(8)(a) 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 deparmtnent on this regard and place the reply in their official webiste. This would help the citizens to have information without resorting to RTI applications besides curbing the misuse.
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12. With this observation Commsion 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 11,CIC/SA/A/2014/001298,CIC/SA/A/2014/001612, CIC/SA/A/2014/001294.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Address of the parties:
1. The CPIO under RTI, Government of NCT of Delhi Food and Supply Department, Assistant Commissioner, District(West) No.152, CBlock Community centre, Janakpuri New Delhi
2. Shri Kuldeep Singh Yadav F49, Vishal Colony, Nangloi, Delhi110041
3. Sh. Vijay Kumar Garg, F49, Vishal Colony, Nangloi, Delhi - 110041.
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