Central Information Commission
Mrgopesh Mehrotra vs University Of Delhi on 5 May, 2016
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/2014/004375SA
CIC/RM/C/2014/004376SA
Gopesh Mehrotra v. University College of Medical Sciences
Important Dates and time taken:
RTI Application: 11112013 FAA Order: 13122013 2nd Appeal: 1172014
Hearing: 05052016 Decided on: 05052016
Appellant: Absent
Public Authority: Mr. Rajesh Kumar, PIO, Mr. Arun Kumarand Dr. Vrinda Rathi
FACTS:
2. Appellant by his RTI application had sought copies of all pages of the attendance register kept in the office of the department of radiodiagnosis, UCMS and GTB hospital in which every consultant/family members are working in the department. PIO replied on11.11.2013. Being unsatisfied, appellant filed First Appeal. FAA by his Order dated 13.12.2013. FAA by his Order dated 13.12.2013 disposed of the appeal. Thereafter, the appellant approached the Commission.
DECISION:
Page 1
3. The appellant is working as a professor in Radiology Department, who filed more than 100 RTI applications so far demanding all sorts of sundry information. The College went on providing the information in hundreds of pages. He demanded the attendance register of the faculty members in this case. Commission finds no public interest behind these multiple RTI applications including this. Being a seniormost professor of the autonomous institution, the appellant is choking the administration with useless and frivolous RTI applications, resulting in serious harassment to the authorities and the RTI wing. All the RTI applications filed by this highly educated applicant deserve to be rejected. The Commission directs the respondent authority to place the information that can be disclosed under section 4(1)(b) of the RTI Act on their official website and reject the RTI applications. Commission directs the CPIO and the Principal of the institution to prepare a comprehensive note on all the frivolous RTI applications by the appellant and place it before the Commission, Governing Body of the college, Delhi University, UGC and MHRD.
4. After reading some of his RTI applications, information furnished to him and hearing the elaborate representation from CPIO Rajesh Kumar, Arunkumar, PA to HoD, Dr. Vinita Rathi, Professor of Radiology deputed by Dr. Lalendre Upreti, the HoD, to explain the problems created by this appellant, the Commission finds him as an abuser of RTI and his conduct during employment amounts to misconduct as he is not using the official quality time to diagnose the medical problems of patients and teaching but wasting for writing these frivolous RTI applications. It was also reported that he files numerous representations and complaints to Principal on frivolous grounds, that he does not recognize the HoD and prepared rubber stampS 'under protest', 'it is illegal', 'against the rules' and 'illegal HoD' etc. It is surprising to note inaction and lethargy of the management of the College, in not taking disciplinary action against this kind of misconduct and in result putting the employees and patients to suffering. It was represented that not only that the appellant professor does not attend to his work during the working hours but also does not allow other officers to attend to their duties because they have to be prepared to answer his frivolous questions. The employees do not have any right to Page 2 misuse the RTI for harassing their employer and colleagues to the detriment of education of the students and the educational institution. Hence, rejected.
5. The Commission directs Prof. V.P.Gupta, Principal, University College of Medical sciences, to inform the Commission as to what rules/system they have to act against mis conduct and misuse and what action they have taken against such misusers including this appellant, by 27th May, 2016.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Addresses of the parties:
1. The CPIO under the RTI Act, , RTI Cell, University College of Medical Sciences, University of Delhi, Dilshad Garden, Delhi110095
2. Shri Gopesh Mehrotra Page 3 122A, PocketA, Mayur Vihar PhaseII Delhi110091 Page 4