Central Information Commission
Mrmanish Aggarwal vs Gnctd on 3 June, 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/SA/A/2015/000109
Manish Aggarwal vs. Dte of Education (East), GNCTD
Important Dates and time taken:
RTI:2414/2514(30) FA:6514/9614(34) Hearing:28.5.2015
SA: 1982014 Abuse of RTI Decision: 03062015
Parties Present:
The appellant is not present. The Public Authority is represented by Dr.K.K.Madan.
FACTS:
2. Appellant sought for action taken report on his letter dt 6.2.2014, certified copy of official noting, reply received from DAVPS, details of complaints, name of complainant, date of complaint and action taken on complaints since October 2013. PIO enclosed the information on point no 1,2,3 & 5. Unsatisfied with the PIO reply, appellant made first appeal. FAA directed the PIO to provide information within 7 days. On non compliance of FAA order, appellant approached the Commission.
CIC/SA/A/2015/000109 Page 1 DECISION 3. The appellant is not present. The Public Authority made their submissions. The
respondent officer submitted that the appellant has been furnished with the relevant information. The appellant is fighting against the DAV Public School, which is one of the best schools in Delhi, on the ground of encroachment of DDA land. The respondent authority have already made correspondence with the DDA, which has asked the Department to indicate the alternative arrangements made to the students of the school who will be disturbed due to demolition of the school encroachment. The department had replied to the DDA that they can give admission to the disturbed students in the Government school near to the DAV Public School. In the meanwhile, the DAV Public School had gone to the High Court and obtained the stay order against the demolition move. The appellant has also lodged a complaint against the DDE, Ms. Saroj Bala, seeking her prosecution, and the same was disposed of by the Court.
4. The respondent authority further submitted that the appellant, who is operating along with some group, is continuously filing complaints against the school and the Education Department by way of notice under 80 CPC, followed by the petitions in courts of law. They also developed a practice of filing RTI applications seeking information, action taken on the complaints, etc. The respondent authority suspects that the appellant is associated with a group who are engaged in extortion of money from the schools, if they have committed any irregularity. Ultimately, their complaints/petitions reach upto the High Court, as the group is headed by an Advocate who is practicing in the High Court. The respondent officers also submitted that they are being harassed and frustrated because they have been compelled to divert all their attention to the appellant's RTI applications, petitions etc. thereby depriving them from performing their regular duties. They requested the Commission to curb the misuse of RTI, harassment of education department and extortion attempts by some antisocial elements.
CIC/SA/A/2015/000109 Page 2
5. Having heard the submissions and perused the record, the Commission admonishes the appellant for misuse of RTI Act and cautions him not to harm the larger interests of students who are studying in the said DAV Public School, by raising frivolous complaints and RTI applications. The Commission, also directs the respondent authority to prepare a comprehensive note on the RTI applications, first and second appeals by the appellant and his group and the resultant action and upload that note in the official web site of the Education department, mark a copy to the appellant and use that note to reject the repetitive RTI applications referring to that note including the police report. This direction shall be complied with within one month from the date of receipt of this order. The appeal is disposed of accordingly.
(M Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Address of parties
1. The CPIO under the RTI Act, Govt. of Delhi Directorate of Education, RTI Branch, East District DBlock, Anand Vihar, Delhi110092
2. Shri Manish Aggarwal A102, F.F. Yojna Vihar Delhi110092 CIC/SA/A/2015/000109 Page 3 CIC/SA/A/2015/000109 Page 4