Central Information Commission
Drrajesh Kumar Singh vs Ministry Of Human Resource Development on 14 September, 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
CIC/RM/C/2013/000342SA
CIC/RM/C/2013/000344SA
CIC/RM/C/2013/000345SA
CIC/RM/C/2013/000349SA
CIC/RM/C/2013/000351SA
CIC/RM/C/2013/000352SA
CIC/RM/C/2013/000353SA
CIC/RM/C/2013/000354SA
(Video Conference - Bhadohi & Varanasi)
Rajesh Kumar Singh Vs. DAV PG College, Varanasi
Important Dates and time taken:
CIC/RM/C/2013/000342SA RTI Application: 1612013 Complaint: 972013
CIC/RM/C/2013/000344SA RTI Application: 2612013 Complaint: 972013
CIC/RM/C/2013/000345SA RTI Application: 2612013 Complaint: 972013
CIC/RM/C/2013/000349SA RTI Application: 1112013 Complaint: 972013
CIC/RM/C/2013/000351SA RTI Application: 1512013 Complaint: 972013
CIC/RM/C/2013/000352SA RTI Application: 2012013 Complaint: 972013
CIC/RM/C/2013/000353SA RTI Application: 2612013 Complaint: 972013
CIC/RM/C/2013/000354SA RTI Application: 2212013 Complaint: 972013
DATE OF HEARING: 10092015 DATE OF DECISION: 14092015
Result: Rejected - Misuse of RTI
Parties present:
The complainant is present for videoconference at NIC centre, Bhadohi. The Public
Authority represented by Mr. Satish, CPIO is present for video conference from NIC Centre,
Varanasi. The Complainant had filed the above 8(eight) complaints against the same Public
Authority and hence they are taken up together for hearing today.
FACTS:
CIC/RM/C/2013/000342SA,44,45,49,51,52,53,54 - Eight files Page 1
2. CIC/RM/C/2013/000342SA Complainant by his RTI application had sought for information regarding rejection of complaint of Dr Jain and Dr Singh by Inquiry Committee held on 20.06.2012. He wanted action taken against the complainant for making a fake complaint, whether there is any punishment for the same and copy of ATR if any etc. Having received no information, Complainant made first appeal. Claiming nonfurnishing of information, Complainant approached commission.
3. CIC/RM/C/2013/000344SA Complainant by his RTI application had sought for name and address of the households whom the research scholar have surveyed for the Ph.D thesis work titled "Problem and Prospects of Micro Insurance in India : A Case Study of Eastern U.P". Having received no information, Complainant made first appeal. Claiming nonfurnishing of information, Complainant approached commission.
4. CIC/RM/C/2013/000345SA Complainant by his RTI application had sought for information regarding minor project sanctioned to him from UGC from which he wanted to know whether the amount typed in letter was Rs 50000 or Rs 60000, details of exact date and time when call was given by Mrs Sonal Kapoor etc. Having received no information, Complainant made first appeal. Claiming nonfurnishing of information, Complainant approached the Commission.
5. CIC/RM/C/2013/000349SA Complainant by his RTI application sought for the date and cheque number along with the exact amount issued to him on his minor project titled "Sustainanbility of SHGsBank Linkage programme in India funded by UGC etc. Having received no information, Complainant made first appeal. Claiming nonfurnishing of information, Complainant approached the Commission.
6. CIC/RM/C/2013/000351SA Complainant by his RTI application has sought for information regarding Career Oriented Course - Risk and Insurance Management of the College. He CIC/RM/C/2013/000342SA,44,45,49,51,52,53,54 - Eight files Page 2 wanted to know the provision of UGC guidelines regarding utilization of seed money, how much fund has been raised from other sources of Income till date etc. Having received no information, Complainant made first appeal. Claiming nonfurnishing of information, Complainant approached the Commission.
7. CIC/RM/C/2013/000352SA Complainant by his RTI application had sought to know whether Principal was entertaining causal Leave/Earned Leave/Medical Leave or duty leave during 12.01.2013 to 19.01.2013 and if he was on leave, kindly explain the purpose of leave granted to Principal, whether the attendance register of teachers of College indicates the time of arrival and time of leaving the college etc. Having received no information, Complainant made first appeal. Claiming nonfurnishing of information, Complainant approached the Commission.
8. CIC/RM/C/2013/000353SA Complainant by his RTI application had sought for information regarding Career Oriented Course. He wanted to know the provision of UGC guidelines regarding utilization of seed money, etc. Having received no information, Complainant made first appeal. Claiming nonfurnishing of information, Complainant approached the Commission.
9. CIC/RM/C/2013/000354SA Complainant by his RTI application had sought for copy of the advertisement for various faculty positions filled between 0712/2011etc. Having received no information, Complainant made first appeal. Claiming nonfurnishing of information, Complainant approached the Commission.
DECISION:
CIC/RM/C/2013/000342SA CIC/RM/C/2013/000344SA CIC/RM/C/2013/000345SA CIC/RM/C/2013/000349SA CIC/RM/C/2013/000351SA CIC/RM/C/2013/000352SA CIC/RM/C/2013/000342SA,44,45,49,51,52,53,54 - Eight files Page 3 CIC/RM/C/2013/000353SA CIC/RM/C/2013/000354SA
10. Both the parties made their submissions through video conference from Bhadohi and Varanasi respectively. The Complainant says that he had been working as Assistant Professor in the respondent college and his services were terminated for no reason. He is seeking information through RTI applications from the respondent authority and as they are not furnishing information, he is filing complaints with the Commission. When the Commission asked the complainant as to the number of RTI applications/second appeals he had filed so far on this issue, the complainant hesitatingly said that he had filed about 20 RTI applications and the same number of second appeals.
11. The respondent authority submitted that the complainant had filed nearly 500 RTI applications, each application with 20 RTI questions on the same subject or in a modified way so as to harass them and take revenge for terminating his services in accordance with the procedure. He had been furnished with the Inquiry Report and other related documents. Still he is not satisfied. He has been blackmailing the College. He had already challenged his termination in the High Court and they are defending the case in the High Court.
12. The Commission noticed that the Complainant's RTI requests are motivated, ambiguous, invade privacy, frivolous and vindictive.
13. Having heard the submissions and perused the record, the Commission directs the respondent authority to prepare a comprehensive note on the number of RTI applications filed by the complainant, and the responses given by them, including in the 1 st and 2nd appeals and send the same to the Commission after uploading it into their official website, with a copy to the complainant, within one month from the date of receipt of this order. The Commission also admonishes the complainant for misusing the RTI Act, and using the same for taking personal vengeance against the Public Authority and he is warned not to repeat the same.
13. All the above 8(eight) complaints are rejected.
CIC/RM/C/2013/000342SA,44,45,49,51,52,53,54 - Eight files Page 4 (M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar.
Address of the parties :
1. The CPIO under RTI Act, Secretary& Manager, DAV Post Graduate College, Maharshi Dayanand Marg, Naharpura, Ausangan, VARANASI221001 (UP)
2. Dr. Rajesh Kumar Singh S/o Shri Virendra Pratap Singh, Joginaka (Kathauta), Gopiganj, SRN Bhadohi (UP) PIN: 221303 CIC/RM/C/2013/000342SA,44,45,49,51,52,53,54 - Eight files Page 5