Central Information Commission
Mrnarayan Singh vs Dtc, Gnct Delhi on 17 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/2014/001786
Narain Singh v. PIO, Delhi Transport Corporation
Important Dates and time taken:
RTI: 11.08.2014 Reply: 03.09.2014 Time: 23 days
FAA: 24.09.2014 FAO: 31.10.2014 Time: 37 days
SA: 20.11.2014 Hearing:15.06.2015 Decision: 1762015
Result: Appeal closed.
Parties Present:
1. Appellant is present. Public authority is represented by Shri Inder Pal Singh, APIO,
Jacinta Toppo, Ranvir Singh & Praveen Banjare.
FACTS:
2. Appellant sought for copy of circular 15 (2), and action taken against Raghuveer Singh for cheating etc. PIO gave para wise reply. Unsatisfied, appellant filed first appeal. First appellate authority directed to provide information and in compliance PIO replied on 10.11.2014. Unsatisfied, appellant approached the Commission. Proceedings Before the Commission:
3. The Commission finds it is misuse of RTI. He is a continuous nuisance to the public authority by making up several frivolous issues in pursuance of his vengeance against his brother Hoshiar Singh. Appellant appears to be a reckless and adamant misuser of RTI. The Commission records a serious admonition against this cantankerous, nuisancecausing misuser of RTI. There are number of second appeals on same subject show him as a disgruntled unemployed person who solely appears to be harassing his brother Hoshiar Singh and employer of Hoshiar Singh, i.e. DTC. List of cases decided by the Commission with regard to same:
Sl. Cases & Information sought Commission's Order No. 1 CIC/SA/A/2014/000543 Though the Commission, finds this a fit case to prohibit this reckless abuser of RTI, it chooses CIC/SA/A/2014/000652 this occasion to admonish the appellant Mr. Narayan Singh and wants him to desist from this kind of harassment. The Commission The appellant through his RTI recommends the DTC to prepare a brief on his application dt 28.1.2014 is seeking misuse of RTI giving statistics etc about his information with respect to the letter dt applications and appeals besides giving the 22.10.2013 through 10 points , Viz.
number of complaints filed by him and attach name and designation of the officer with this order that note which shall be displayed at whom file was pending and for how many days; time limitation for prominent place in the office and put on official concluding inquiry over any complaint website under the heading of 'misuse of RTI'. etc Commission also directs to take all steps to protect Mr. Hoshiar Singh and recommends the Public Authority to see that he is not further harassed by his inimical brother. Even if he files a single RTI application about his brother after this order to harass the Public Authority, the Commission recommends to institute appropriate proceedings against him as per law.
2 CIC/SA/A/2014/001439 After continuously observing the appellant's second appeals and dozens of his RTI applications, the The appellant through his RTI Commission comes to the conclusion that this application dt 26.11.2013 is seeking 8 appellant, Mr. Narain Singh has a property dispute point information, viz. total no. of with his elder brother Mr. Hoshiar Singh employed in employees working with DTC, no. of the DTC and the latter happened to be most employees whose personal files are unfortunate employee of DTC, about whom the with DTC and whose not, no of appellant is seeking information through dozens of employees employed to look after the his RTI applications addressed to the DTC and files etc. when the Commisison is resisting this misuse, he is coming up with different kinds of questions which apparently look like unconnected to his brother and does not serve any public interest.
"5. The Commission thinks that this is a fit case where the Commission has to use its powers to stop misuse of RTI Act so that this will save the persons who are genuinely in need of the RTI Act. The other most important aspect of public interest is to save DTC and its dozens of officers from the trauma, harassment and serious diversion of their working time for answering the futile, vengenceful and useless questions. The Commission advises the DTC to keep this order along with all earlier orders of Commisison in response to the appellant's second appeals in their official web site under the heading 'Misuse of RTI and response of DTC' and and any other RTI applications filed by the appellant in future shall be referred to that web site. Whenever his second appeal comes before the Commission, the entire record should be brought before the Commisison so that the Commisison can take a considered view of not wasting time any more. The Commisison admonishes the appellant for misuse of the RTI Act against DTC. The Commisison also hopes that better sense will prevail in the appellant Mr. Narain Singh and he would not harass the DTC any more. If the same continues, DTC may have initiate appropriate action so that public authority time is not wasted for this frevolous cases and oficers are not put to further harassment any more by the people like the appellant. The Commisison would prefer to censure this appellant".
6. It is a shame that senior officer of DTC had to be totally engaged with a reckless petitioner, who misused the RTI to wreck vengeance against his brother, in the process harased the public authority and consumend the valuable time which should have been used for the people.
7. The Commisison also warns the appellant if he comes up with second appeals before the Commisison with such useless and vengeancefull questions, it would not hesitate to impose costs on him to be paid by him to the Public Authority equivalent to the loss of value of the time they spent in dealing with these useless RTI questions. 3 CIC/SA/A/2014/000241 The Commission on perusal of the documents on record noted that Appellant is seeking the personal The appellant has filled RTI application information about his brother, Shri Hoshiar Singh on 30.10.2013 for seeking Information with whom he has a dispute. The Commission with regard to file of Sh Hoshiar Singh, directs the PIO to protect the privacy of the public whether pagination properly done; page servant including that of Shri Hoshiar Singh. missing from file, name and designation Appellant is advised to file a complaint, if any, with of officer responsible for it; etc. the appropriate forum and not to harass the Public Authority by filing multiple RTI applications on this subject about his brother. The Commission denies disclosure of information about Shri Hoshiar Singh to the Appellant u/s 8(1)(g) and 8(1)(j) of the RTI Act.
4 CIC/DS/A/2013/001862SA With regard to the information regarding CIC/DS/A/2013/002510SA property details of Shri Hoshiar Singh, the Respondent submitted that the information relates to third party and the third party has denied disclosure of the same. The appellant pleaded that there is a public interest in disclosure of property returns of Shri Hoshiar Singh since Shri Hoshiar Singh was caught once for cheating and has amassed wealth disproportionate to knowh sources of income.
4. The Commission directs the PIO to contact the third party and seek his consent for disclosure. If the third party objects for disclosure, the PIO to treat the objection afresh and decide accordingly. The entire exercise to be completed within one moth of receipt of this order.
5. The appeals are disposed with the above direction.
5 CIC/SA/A/2014/001886. As sufficient information has been furnished to the appellant, the Commission closes the appeal. The appellant by his RTI application sought to know whether the employees in the DTC are intimating to the office if there are court cases pending against them and other related matters.
4. Above record proves most cantankerous attitude of appellant. Hence, the Commission finds no reason to hear repeated applications/appeals of appellant against Hoshiar Singh. It has already caused wastage of time of public authority in several dozen of case and in posting of the case would result in further wastage of time. All pending RTI applications and appeals filed by the Narayan Singh directly or indirectly about Hoshiar Singh & DTC shall be closed.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Addresses of the parties:
1. The CPIO under RTI, Delhi Transport Corporation, GNCTD, Scindia House, New Delhi110001.
2. Shri Narain Singh, 335, Mangol Pur Kalan, New Delhi110085.