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Thread: Need to have penal provisions for misusing RTI Act

  1. #1

    Need to have penal provisions for misusing RTI Act


    Need to have penal provisions for misusing RTI Act

    As Reported In 'The Hindu'

    New Delhi (PTI): In view of growing misuse of the Right to Information Act by citizens for ulterior motives, the Central Information Commission (CIC) has expressed the need to amend the law to incorporate penal provisions against such information seekers.

    "The recent cases show the necessity of some provisions in the RTI Act for taking punitive action against information seekers who seek to misuse the Act in such blatant fashion," the Commission said, while dismissing a plea of a Navodaya Vidyalaya teacher after finding his application to be "a tool for vendetta" against the school.

    In probably a first order of its kind, the CIC directed a government functionary to ignore RTI pleas of school teacher Ramesh Chandra who along with his wife Uma Kanti made every possible effort to use the pro-people legislation to harbour revenge against his department.

    The CIC took the decision after noting that the couple in a bid to challenge Ramesh's transfer had earlier unsuccessfully moved the Central Administrative Tribunal, the High Court and the National Commission for Scheduled Castes before finally banking on the RTI Act.

    Terming it as a "worst misuse of RTI Act," Information Commissioner O P Kejariwal said "the present case is an example to the ridiculous length to which a person can take a beneficial piece of legislation and make a mockery of it."

    The apex RTI body passed the strictures against the couple after they sought over 20-year-old records concerning thousands of employees of the school.

    Disgusted over the applicant's behaviour, it said "The Commission directs Navodaya Vidyalaya not to consider the RTI applications filed by Ramesh and his wife since the RTI cannot be turned into a tool for vendetta of an employee against his organisation for some grievance one harbours against it."



  2. #2

    Re: Need to have penal provisions for misusing RTI Act


    Here's the Original Order of IC O.P. Kejariwal....

  3. Re: Need to have penal provisions for misusing RTI Act


    dear friends,

    For any reasons, if any penality is imposed on applicant under RTI Act, then it will be first step to boost the corrupt practices. Such cases may be one or two in entire last 3 years (probably 0.0001&#37.

    But in majority of cases several corruptions was brought to public eye.

    We are hearing at several places that some sincere employees were transfered only because of not becoming the part of corrupt practices adopted by some groups.

    If any such act is imposed, then the corrupt group make their color tight and they take the support of this new ammendment and prove the applicant as misuse of the act.

    Hence, I feel the use of act in India is just not even 1 percent, we have heard of many cases where information seeking persons were been harrased in many ways even without any support for them in act. if such act is imposed at this level, then the act may be purely on papers, there will be hardly any body to use it to unfold corrupt practices.

    rakatkam.

  4. Re: Need to have penal provisions for misusing RTI Act



    dear all, if the public information officer fails in his duty of giving information without adequate reason, he can be fined upto 25000 rupees; similarly any member of the public who misuses the provisions of RTI act to harass/embarass a public authority ought to be fined. it is nothing new. every act has got such inbuilt safeguards to prevent against its misuse. for example, under the Consumer Protection Act [which is there for the benefit of the consumers] the complainant who misuses the act can be fined upto 10000 rupees for 'vexatious litigation'. so, there is no reason why the rti act should be entirely without such safeguards.

  5. Re: Need to have penal provisions for misusing RTI Act


    Quote Originally Posted by sidmis View Post
    Need to have penal provisions for misusing RTI Act

    As Reported In 'The Hindu'

    New Delhi (PTI): In view of growing misuse of the Right to Information Act by citizens for ulterior motives, the Central Information Commission (CIC) has expressed the need to amend the law to incorporate penal provisions against such information seekers.
    I don't understand how seeking of information, whatever may be the amount, can amount to the misuse of the Act. I think it will not be comprehend able to any rational person. Perhaps, the effort to throttle the act - which is going on since its inception - needs to find some scape goat/ cause to justify its ends. This by all means needs to be defeated.

    PA, PIO, AA's who are making a mockery of the act by non-supply of information by various means are getting pardoned instead of being fined heftily and the information seeker is going to be punished. How ridiculous!

  6. #6
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    Re: Need to have penal provisions for misusing RTI Act


    The above orders of the CIC is a clear indication of their ignorance. A cityzen can only request for an information. He cannot even use it unless it is provided. If he is not entitled for the information requested no one will provide it. Of cource there are information if disclosed will cause inconvenience to cerain public authorities. At the same time there is no provision to deny the information so asked. I could not understand how an appellant can be penalised for misusing the information without providing him the information as he can use or misuse it only after he gets it. It appears that the Information Commissioners did not succeed in getting the judicial powers they had bid during their collective bargaining on 17-10-2007 in the guise of Conference. Now they were wanting something similar to the "Contempt of Courts Act" to shoo away the cityzen from opening their mouth. I dont't think that even if they succeed in getting he Act amended, it will ever be feasible to implement such absurdity.
    Last edited by colnrkurup; 17-01-08 at 06:50 AM.

  7. Re: Need to have penal provisions for misusing RTI Act


    colnrkurup ji,

    You are correct. I strongly feel that if any fine imposed on RTI Applicants it will be nothing but one more harrasment on applicants.

    Because we have come across many incidents that even life threat is given to information seeking persons from administrative heads.

    I my self faced some threat by administrative heads by sending office staff to residence, who threat me and my family members.

    They even trouble one of my family members in office in many ways.

    Informating providing authority is only to provide the information and certified copies, if he feels such infomration will make them trouble, then they start harasing the RTI Applicants. I my self is an example for it.

    Hence sirs (The superior officers at CIC ) one should not think of any fine to be imposing on any applicant under any circumstances, otherwise it become a major tool to corrupt staff.

    ra katkam.

  8. Re: Need to have penal provisions for misusing RTI Act


    Thanks Colnrkurup & rakatkam for your opinion. Any rational person will have the same opinion.

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