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1 - 2 of 2 (1.95 seconds)Centrlal Board Of Sec.Education & Anr vs Aditya Bandopadhyay & Ors on 9 August, 2011
2. We have considered the submissions of both the parties and note that the
Complainant has filed a large number of RTI applications concerning information in
respect of a retail outlet of the Respondents and the matter was considered at length in
our order No. CIC/LS/C/2012/000887/SH, CIC/LS/A/2012/001424/SH,
CIC/SH/C/2014/000035, CIC/SH/C/2014/000073 and CIC/SH/A/2014/000319 dated
19.12.2014. In the above order, we made, inter alia, the following observations:
"In this context, we note that the Respondents have provided copies of various
documents more than once and also offered explanation in response to the queries of
the Appellant / Complainant more than once. Many of the questions relate to events
that are fifty years old and the CPIO cannot be expected to produce information that
does not exist on the records of the public authority. We see no ground to conclude
that there has been deliberate denial of information or fabrication of documents by the
Respondents. The Appellant / Complainant, who is very old, has been represented in
most of the cases by Shri G. L. N. Prasad. She and her representatives ought to
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realise that whatever claim, that she believes she has to the land in question, has to
be established in a court of law. Continued filing of a large number of RTI application,
even after the Respondents have provided a good deal of information, adds to the
work of the public authority to respond to the same, without adding any further value to
the information that the Appellant / Complainant has already been provided in
response to her repeated RTI queries. We would like to recall to the Appellant /
Complainant the full observation of the Supreme Court in the judgment dated 9.8.2011
in Central Board of Secondary Education & Anr. Vs. Aditya Bandopadhyay & Ors.,
which was briefly referred to in paragraph 5 of our interim order dated 2.7.2014:
"37. The right to information is a cherished right. Information and right to information
are intended to be formidable tools in the hands of responsible citizens to fight
corruption and to bring in transparency and accountability. The provisions of RTI Act
should be enforced strictly and all efforts should be made to bring to light the
necessary information under clause (b) of section 4(1) of the Act which relates to
securing transparency and accountability in the working of public authorities and in
discouraging corruption. But in regard to other information, (that is information other
than those enumerated in section 4(1)(b) and (c) of the Act), equal importance and
emphasis are given to other public interests (like confidentiality of sensitive
information, fidelity and fiduciary relationships, efficient operation of governments,
etc.). Indiscriminate and impractical demands or directions under RTI Act for
disclosure of all and sundry information (unrelated to transparency and
accountability in the functioning of public authorities and eradication of corruption)
would be counterproductive as it will adversely affect the efficiency of the
administration and result in the executive getting bogged down with the non
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productive work of collecting and furnishing information. The Act should not be
allowed to be misused or abused, to become a tool to obstruct the national
development and integration, or to destroy the peace, tranquility and harmony
among its citizens. Nor should it be converted into a tool of oppression or
intimidation of honest officials striving to do their duty. The nation does not want a
scenario where 75% of the staff of public authorities spends 75% of their time in
collecting and furnishing information to applicants instead of discharging their regular
duties. The threat of penalties under the RTI Act and the pressure of the authorities
under the RTI Act should not lead to employees of public authorities prioritising
'information furnishing', at the cost of their normal and regular duties."
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