Repetitive use of RTI an abuse. Appeal can be rejected. Citizen has no Right to Repeat and repetition shall be ground of refusal – CIC Decision
CENTRAL VIGILANCE COMMISSION
Satarkta Bhawan, G.P.O. Complex,
Block A. INA, New Delhi 110023
Circular No. 03/03/2017
Subject: Seeking similar information through repeated RTI Applications-Central Information Commission’s decision regarding.
The attention of the CVOs concerned is drawn to the Central Information Commission’s decision dated 25.06.2014 in case No. CIC/AD/N2013/001326-SA in the case of Shri Ramesh Chand Jain Vs. Delhi Transport Corporation, GNCTD, Delhi, in which the issue of seeking information by the RTI Applicants through repetitive Applications on similar issues/subject has been considered and decided by the Central Information Commission.
2. The Central Information Commission, in its decision, had observed that:-
“The Commission noticed that several applicants seek some information from one wing of the public authority, and based on the responses file a bunch of RTI questions from the same or other wings of same public authority, or from other authority. This will have a continuous harassing effect on the public authority. As the P!Os go on answering, more and more questions are generated out of the same and in the same proportion the number of repeated first appeals and second appeals will be growing. “
3. The Commission after considering various aspects of the issue and the provisions of acts of similar nature in other countries, and also the decisions of earlier Information Commissioners has concluded that:-
“(i) Even a single repetition of RTf application would demand the valuable time of the public authority, first appellate authority and if it also reaches second appeal, that of the Commission, which time could have been spent to hear another appeal or answer another application or perform other public duty.
(ii) Every repetition ol RTI application which was earlier responded will he an obstruction to flow o/information and defeats the purpose of the RTI Act.”
4. The Central Information Commission, vide its decision CIC/AD/A/2013/00 1326- SA dated 25.06.2014 has thus, decided that:-
“(i) No scope of repeating under RTI Act.
(ii) Citizen has no Right to Repeat.
(iii) Repetition shall be ground of refusal
(iv) Appeals can be rejected”
5. The CVOs may bring the above quoted decision of Central Information Commission to the notice of all the CPIOs/Appellate Authorities of their organizations, who may consider the Central Information Commission’s decision, while deciding about the RTI Applications seeking similar information through repeated RTI The complete decision of Central Information Commission, in case No. CIC/AD/A/2013/001326-SA, in the case of Shri Ramesh Chand Jain Vs. Delhi Transport Corporation, GNCTD, Delhi is available on its website, vvww.cic.gov.in, in downloadable form and can be access from there.
Under Secretary & Nodal PIO
The CIC in the case of Shri Ramesh Chand Jain regarded it as a case of misuse of RTI Act. In this elaborate decision, dealing with the case where the respondent had filed around 130 RTI applications, mostly on the similar subject, it was regarded as abuse of RTI Act and held that repetition shall be a ground of refusal of information.
The major obervations made in the above decision are as under:
Repetitive use of RTI an ABUSE
RTI not a rendezvous of disgruntled element
Positive impact of RTI
Placing RTI abusers information in public domain
No scope for repeating under RTI Act
Commission shall record ABUSE, admonish ABUSER
Waste of public time and obstructing RTI
Repetition shall be ground of refusal
Appeals can be rejected
Download CIC Decidion in R C Jain Case Click Here >>
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