Abuse of RTI Process
Subject : Administrative Law - Right to Information
In a significant ruling, the Central Information Commission (CIC) has addressed the fine line between the right to information and the misuse of administrative resources. Addressing a series of complaints filed by a former employee of the Indira Gandhi Rashtriya Manav Sangrahalaya (IGRMS), Chief Information Commissioner Heeralal Samariya categorized the systematic filing of hundreds of RTI applications as an abuse of the process of law.
The appellant, Hameed Ram Sahare, along with a group of colleagues, filed over 800 RTI applications against IGRMS, Bhopal, seeking extensive documentation related to salaries, employee contributions to EPF, and termination details. Despite being granted access to over 10,000 pages of records and being invited to inspect others, the appellant consistently failed to appear for the requested inspections, citing unsubstantiated fears for his personal safety.
The Central Public Information Officer (CPIO) at IGRMS argued that the appellant’s actions were less about transparency and more about causing administrative paralysis. The CPIO noted that the respondent organization had made diligent efforts to provide documents, but the appellant, a former daily-wage worker terminated for alleged misconduct, continued to file redundant requests.
The appellant, meanwhile, sought to justify his absence from the inspection proceedings by alleging risks to his life, a claim the Commission found to be entirely unsupported by facts.
The Commission drew heavily upon the Supreme Court’s precedent in Chief Information Commr. & Anr vs. State Of Manipur & Anr [CA No. 0932/2011] . The CIC noted that while the RTI Act is a vital pillar of transparency, it was never intended to be leveraged as a tool for harassment or as an instrument to overwhelm public officials with trivial or repetitive queries.
"The RTI Act was enacted to establish a practical regime of transparency whilst developing a friendly relationship between citizens and public authorities," the Commission observed. The CIC asserted that when individual employees or groups file thousands of redundant requests, it deviates from the spirit of the Act and imposes an unsustainable burden on public resources.
The CIC found no evidence of mala fide intent by the public authority. Instead, it determined that the authority had complied with the requirements of the RTI Act by offering inspection and managing the voluminous requests. Consequently, the Commission dismissed the 14 complaints and the second appeal, bringing a close to this specific chapter of litigation.
This decision serves as a stern reminder that while the Right to Information empowers the citizen, it carries an inherent responsibility to not obstruct the functioning of public administration. For future litigants, the ruling clarifies that the Commission will not hesitate to categorize obsessive and repetitive filing as an misuse of the legal process.
RTI abuse - vexatious litigation - administrative burden - transparency - information disclosure - CPIO
#RTIAct #AdministrativeLaw
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