Study shows little evidence of misuse or frivolity in RTI cases
PRESS RELEASE: for immediate publication
Government alleges RTI is being misused and used frivolously, but where is the evidence?
Not more than 50 decisions of information commissions in 2008 involved grounds of misuse or frivolousness, shows nationwide study
New Delhi, Oct. 31: Can RTI be misused? What should be considered as the misuse of RTI?
Amid allegations that some people are filing RTI applications to settle personal scores or to satisfy their whims and fancies, it is instructive to study the decisions made by various information commissioners.
A subordinate of a senior officer filed an RTI application, seeking some information from his boss. The boss did not respond. In the hearing before P N Vijaya Kumar of Kerala Information Commission, the senior pleaded that the applicant had filed RTI just to harass him and that the applicant himself was the custodian of information requested.
The information commissioner passed the following order.
“It may be true that, the requester may be a subordinate. It may be true that, he wanted all the questions to trouble the officer concerned. It may be true that the person who had access to the records himself is making the request. But these are not grounds to withhold the information. Therefore, the information should have been furnished by the Public Information Officer within the time limit. There was a delay of more than 4 months. But the delay was limited to 100 days. Therefore, the Commission is compelled to award the maximum penalty of Rs. 25,000/- to the Public Information Officer. The Public Information Officer shall remit the amount within 30 days of the receipt of this order”
National RTI Awards Secretariat analyzed almost 52,000 decisions made by information commissions across the country in the year 2008. M.M. Ansari of the Central Information Commission (CIC) is the only information commissioner who has alleged in many cases that there was misuse of RTI or that the information sought was frivolous.
Barring him, there would not be more than 50 orders from across the country, where the information commissioners have alleged misuse of RTI or felt that the information sought was frivolous.
Therefore, the allegation of the Central Government that a large number of RTI applications were frivolous is not borne out by facts.
National RTI Awards Secretariat has a database of all orders passed by various information commissioners in the year 2008. A simple search for the word “frivolous” proves the point.
November 1st, 2009 at 5:36 am
Sir,
Seeking information that are lying in the files in no way could harass anyone unless there is some hush up in the files.
Kudos to Shri P N Vijaya Kumar of Kerala Information Commission, for the excellent order furnished above.
I would like to narrate about the explosion that occured in a steel plant, wherein 9 or more people died.
All the people who died are my friends who had worked with me but the problem was that I was not aware exactly of those who all died.
So i filed an RTI Application seeking the names and address of all the dead.
The CONCERNED PIO/Appellate Authority of the steel plant could not furnish the information
On enquiry I could gather details of the expolsion in the steel plant from other workers.
M.M. Ansari of the Central Information Commission (CIC) is the information commissioner who has dealt with the case simply furnished a reply stating that the PIO has stated the non-availability of records and therefore there was no such explosion/accident.
His aim was for me to visit Delhi and put forth my case, but he wouldnot buckle an inch to find out the truth.
M.M. Ansari of the Central Information Commission (CIC) cannot explain how PINTO, CHANDRASHEKAR,SASHIDAR, D’COSTA, etc died . Therefore i feel that misuse of RTI is from MM.Ansari end rather than RTI Applicants end.
So if the PIO/Appellate authority OF THE SAIL,VISL IS A LIAR,MM.ANSARI is aiding and abetting a liar just because of his inability to gather the information sought.
I posted a full report to MM Ansari giving him all the details gathered in the case.
As my work necessitated me to travel south of bangalore, I just could not go north to Delhi.
But MM Ansari totally forgot of the case.He has not even acknowledged my letter. That’s no way to work
He has not replied to my letter sent by RP from Pondicherry.
Does he allege that there was misuse of RTI or that the information sought was frivolous.
MM Ansari should tknow that there are really people dead,for want of a competent engineer to guide them.
A competent engineer who deserted the work.
A safety meeting of all SAIL Safety personnal-14 of them at Bhadravati to discuss the case.
And a lying PIO/aPPELLATE aUTHORITY.
AND A MM.ANSARI- WHO DOES NOT WORK.
November 2nd, 2009 at 4:18 am
Kudos to Shri P N Vijaya Kumar of Kerala Information Commission, for the excellent order furnished above.I salute those PIO’s / commissioners who works as a soldier of free India to protect Peoples of India Interest.
I asked info from Indian Oil on certain points related to its HR Manager . In addition to certain points ( which were replied by PIO) I asked for daily atendence sheet of Indian Oil employee , procedure for taking leave / short leave which the PIO declined to inform taking shelter of section 8(1)(j) of RTI Act which First appellate authority seconded.
2nd appeal heard by M M Ansari (on 19-08-2009) . The behaviour of M M Ansari was so rubbish that without discussing my second appeal on RTI Law ground that he started using bad words ( which one can not expect from a reputed chair of CIC- CIC M M Ansari must feel that he is on this chair because of the common man of India) and even did not offer seat to us ( I was accompained by a reputed High Court advocate ) and without hearing us on law ground he simply dismissed the appeal.
M M Ansari must know that India is not a colony of United Kingdon ( pre 1947 regieme) and he acted like any lord of erstwhile British Empire . M M Ansari is there to serve people of India but he is supporting PIO’s ..that’s all
My Dear CIC M M Ansari … we will fight fight n fight to save RTI Act…
November 2nd, 2009 at 6:57 am
Read the above message by Sh. A.K. Jain. I have also same kind of feelings with Sh. Shailesh Gandhi, Information Commissioner ,CIC at New Delhi.On my day of appeal,without seeing my appeal letter, he straightaway asked what information you want ? In fact I have been debarred from my previous Deptt.(i.e.Directorate of Vigilance, GNCTD) from my legitimate share of extra remuneration. I was producing full evidences of “FRAUD” happened with me . But he replied you cannot any questions from PIO or FAA. Then we should frame the photos of these so called Information Commissioners and have worship with dhoopbatti/fragrance sticks rather than seeking justice under RTI Act, I think.
November 2nd, 2009 at 7:03 am
‘GRIEVANCE’ IS THE ‘MOTHER’ OF ANY ‘RTI PETITION’, AS NO ONE FILE RTI APPLICATION IN JOYOUS MOOD, BY THIS WAY MOTHER SHOULD ALSO BE GIVEN DUE RESPECT AS IS APPLICABLE TO HER CHILD UNDER THE RTI ACT…my own quote
November 2nd, 2009 at 7:49 am
Study shows little evidence of misuse or frivolity in RTI cases: There is no misuse or frivolity in gettig any o the information under R.T.I. Act from any of the Departments first through PIO/ APIO, then through first appeal to the appellate authority and if the applicant is not safisfied with the information supplied by the two above, the 2nd appeal is to be filed before the 2nd appellate athority i.e. the Chief Informtion Commission. The agrieved R.T.I. actvists for stopping menace in the public life has every right to get timely, correct and authanticated informaion from the concerned department. But as I feel , no body is there to give timely, corrct and authenticated informain to the applicants/ appellants.Sita Ram Dhiman, RTI, Activists, Shimla , Himachal Pradesh.
November 3rd, 2009 at 6:28 am
I read the comment of Mr. Sita Ram Dhiman, an RTI activist from Shimla. He very rightly expressed the concern of RTI applicant. RTI users are increasing but compared to our national population it is still in the nascent phase and need nuturing, needs more awareness among people. Beaurocrates wanted to cut the teeth of RTI in the name of misuse. We will not stop, will still have miles to go…. Rajesh Mehta, Delhi, 9810036311.
November 5th, 2009 at 6:52 am
I spent nearabout 6Hrs with Information Commissioner Sh. M.L Sharma on datted 22-10-2009 during the hearing of my 41 Second appeals. He admmitted in 39 appeals that the information is not provide malafidely, but he not fined the CPIO in 39 Cases. He fined only 3 Cases.
Now I want to know that whenever it has been come to the notice of Information Commissioner M.L Sharma that the CPIO denied the information malafidely then why the fine in only 3. Why the Section 20(1) could not be implemented in other cases.
Hence, Information commission is nothing.It is just a way to motivate the Govt authorities that don’t provide the information, we (Commission) is with you. Information Commissioners are motivating the CPIOs by not following the provision of Section 20(1) of the RTI Act-2005
Therefore, my expereinces with the Information commissioner are very bitter. Till up to now no information has been provided by the Department to me.
BAKWAS HAI INFORMATION COMMISSION
November 5th, 2009 at 7:53 am
Kiran Kumar Pandey’s saying is right that Information Commissioners just give the chance by issuing Show Cause Notice to the PIOs. Out of more than 85% SCN they fine only in rare cases, so it will not give deterrent effect. The fine provisions is made for the PIO ( to make him fearful /Lawful in providing the information in time) . But lots of PIOs do not respond to RTI applications in time .
This rule must be made that the money fined on PIOs must be paid to appellants as compensation in full, I suggest.
November 5th, 2009 at 9:31 pm
The Government of Inda enacted a noval piece of legislation ” The Right to Information Act, 2005″ which provides complete transparancy to the common man but the bureaucrats are not allowing this Act to be used in right directions. They are not giving correct , complete and timely information to the applicants. Such type of behaviour defeats the very purpose of the rights of the common man. The Commissions constituted for 2nd appeal in which penality is to be imposed for not supplying the correct, complete and tmely information is not being exercised by most of the Information Commissions. There is a lac of awareness amongst the common citizens about the use of right to information Act. The Goernment of Inda and the State Governments shold constitute Committees and sub commities at State, Districts , Sub-Division, Block and Panchayat levels of the R.T.I. Activsts for creating awareness amongest the common man against some honerareum to the activists so that they may be able to took interest to train public for getting their informations under the Right to Infomation Act from the P.I.O/ A.P.I.O.s and if they fail to get the correct, timely and complete information, should should have the riht to get penality after filing the 2nd appeal before the Chief Information Commissioners in the country. Sita Ram Dhiman, R.T.I. Actvists, Himachal Pradesh, Shimla.
November 10th, 2009 at 9:00 am
Sir,
Our Honorable Information Commissioner Prof. M. M. Ansari is definitely a cool minded and easy going person he takes the things lightly which is my personal experience during the course of an appeal against the IOCL, which provided the ample of opportunity to the respondents to prolong the matter to cover the corrupt activities of domestic subsidized LPG Distributors who are siphoning off 100’s of crores of government fuel subsidy by supplying domestic LPG to commercial consumers.
The delay on part of aforesaid Prof. Ansari appears as if he has not been able to come out of his teaching profession attitude in which teacher gives ample of chances to students to rectify their mistakes which is quite frustrating phenomenon for information seekers.
Last and final word, Prof. Ansari should now aware himself that he has been assigned in this position to blast off the corrupt practices prevalent in our system for quite long incorporated with red tape to conceal the wrong and corrupt deeds of public authorities and specially politicians from eyes of the grieving masses and he should prove himself to be helpful to voice raisers against the corruption and handle the matters related to corrupt practices expeditiously, than only the purposes of enactment of this RTI act will be served.
November 12th, 2009 at 6:33 am
In University of Delhi One Shri Tarun Kumar Roy, who was terminated w.e.f. 01/09/2007 from the temporary project post of Nature Education Officer, Biodiversity Parks Project is creating panic since September 2007 to till date by utilizing the Right to Information Act Mechanism as a harassment tool to settle personal vendetta against the Biodiversity Parks project and its various functionaries.
During the span of 2 years, Shri Roy alongwith his proxies has filed around 150 RTI applications to different public authorities, namely DDA, MoEF Govt. of India, UGC, DBT Govt. of India, Jiwaji University, Gwalior, MP Forest Deptt, Delhi Police, Deptt. of Expenditure Govt. of India, Ministry of Communications, Ministry of Law and Justice in addition to University of Delhi.
All his RTIs comprises similar repetitiive queries, which are highly vexatious, frivolous and solely directed against 3 individual scientist belonging to minority community, who were his seniors and Prof. C. R. Babu, who is a renowned environment scientist.
Through RTI Shri Roy procured CVs including adresses of 3 individual persons and thereafter handed over the addresses and photographs of these persons to some anti-social elements. Today all these 3 persons are living a life full of threat and intimidation and keep receiving threatening letters at their addresses.
Shri Roy also utilized other persons identity documents procured through RTI Act to procure mobile sims to commit crimes.
Recently during an inspection of records on 8th October 2009, Shri ROY wanted to have photocopies of hometown declaration form and details of family members of employees with a motive to make harm to them but the Information Commissioner Shri Shailesh Gandhi in a remarkable decision denied him this information.
Furthermore Shri Shailesh Gandhi in its Decision No. CIC/SG/A/2009/001841/4861Adjunct, dated 9 October 2009 in response to the Appeal No. CIC//SG/A/2009/001841 has realized that the modus operandi of the appellant of filing multiple RTI applications has the effect of nearly paralyzing the Biodiversity Park Project, which is a project of significant scientific importance. Through the same decision the Hon’ble Commission has ordered to treat all applications of the appellant Shri Tarun K. Roy regarding the Biodiversity Park and appeals which are pending as closed with this order.
Further the Hon’ble commissioner observed that RTI Act is a sacred act and citizens must utilize it with a sense of responsibility and not to destroy the public organizations and individuals.
In view of such examples it is amply evident that a person of criminal mindset can utilize the RTI Act not only to harass the individuals but to commit serious crimes. Therfore some safeguard is urgently needed in this Act.
November 12th, 2009 at 6:57 am
I belong to Uttar Pradesh and we are family of contractors. My many uncles and cousins are engaged in taking contracts of Railways, PWD, National Highways, Irrigation dept. You must have ample muscle power to be a contractor in UP and Bihar. But since RTI Act has came, it gave a new dimension to our business. Through RTI today we can know which Engineer was favourable and which was adverse in awarding or denying the tender to us.
Generally we use RTI to get file notings of Tender award process. It gives us the clear picture who has done favour or who is instrumental in denying the tender to us.
Today RTI has given long hands of law to the contractor’s muscle power and is instrumental in getting us tender awarded. because the engineers know if they will put riders in our technical bid, they may face music. because today RTI has given us the long hands to know everything.
S. ISHAQ
ALLAHABAD, U.P.
November 13th, 2009 at 4:24 am
Hi,
Can any body help,
I had filed for information to trademarks dept chennai, they have given me half informantion. How and whom do i appeal
Please provide address or links,
Nilesh, Bangalore
November 16th, 2009 at 4:14 am
Although there is very little evidence against misue of RTI but a single misuse of RTI will damage the image of RTI and its users. Instead of amending the RTI, government should develop some mechanism in assistance with social activists. Rajesh Mehta, Delhi University 9810036311
November 18th, 2009 at 11:48 pm
Misuse of RTI by frivolous people or better you say “GHOSTS” is climbing to new heights in UNIVERSITY OF DELHI.
After the drubbing Shri Tarun Kumar Roy got in CIC, He has devised a new way by flodding the university with RTI applications by fictitious identities namely NC Tiwari, Gopal Sharma, Rajesh Sharma.
They all give the address of a dhaba in Maujpur, Delhi
As per the enquiry report conducted by University Security Cell, no such people exist at the given addresses.
The contents of RTIs filed by these “GHOSTS” are identical to Shri Tarun Kumar Roy.
GOD BLESS INDIAN DEMOCRACY, HERE EVEN GHOSTS HAVE RIGHT TO INFORMATION
November 20th, 2009 at 8:39 pm
Dear Mr Pandey, please stop using RTI Act to settle personal scores .
November 22nd, 2009 at 8:02 am
I would like to say Mohd. Faisal as a friend that only corrupt people/officers can getting afraid from repeated RTI applications/ flood of RTI applications .
Sometimes it happens that the generally applicant(s) think that if he disclosed his identify in a ‘truthful/original’ form, he can be put to harm by such people against whom he moved RTI petitions or he may be put under ‘personal grudge’ too. So such type of ‘darpok” people take shadow of “proxy names/addresses “. But rather than searching the people’s/applicant’s address/identify his correct name, the department’s main motive should be to provide legitimate and rightful information to the applicants. In case his address is forged/fake , PIO will get back his envelope’unreceived’ that no such person at the given address, thats all.
In our hand ,our five fingers have different lenths, and their functions are different too, we cannot put them all the persons in the same boat, some mischievous persons may also be there, and we have to bear them too in the interest of public protection laws like RTI .
November 25th, 2009 at 12:22 am
Dear Shri Chopra
My self is a scientist and my work is for cause i.e. for the environment cleanliness in Delhi by developing developing Biodiversity Parks. But I receive an average 2 RTIs per week, which are menat to destroy our organization (As quoted by Shri Shailesh Gandhi in his decision no. CIC/SG/A/2009/001841/4861Adjunct, dated 9 October 2009. In spite of that these frivolus RTIs are not stopping. They are now coming from various pseudonyms.
And we are not afraid of these, but due to such flodding by GHOST RTIs, we are unable to concentrate on scientific research and this kills not only mine but the nation’s precious time for research and development.
Morover RTI is being misused for settling personal scores by the terminated staffs against their organizations and former colleagues.
It is the RTI applicants who are harming the individuals by taking their personal details through RTIs and then harass them. Kindly see the example given by S. ISHAQ from Allahabad. In UP and Bihar RTI has become tool of harrassment by contractors.
By getting file notings through RTI, the contractors came to know who has written negative comments against their tender bid. Then after identifying that public servant (Engineer) they beat him up and cause harm to their families also.
Such is the pathetic condition for misuse of RTI.
I appeal all activist frineds to please wake up and devise some strategy against it.