Right to Information Act, Section 8, Vexatious Litigant
Subject : Information Law - RTI Appeals
In a significant ruling aimed at curbing the abuse of the Right to Information (RTI) Act, the Central Information Commission (CIC) has dismissed a massive batch of second appeals filed by Satish Ashok Sherkhane, a former employee of the India Government Mint (IGM), Mumbai. The decision, delivered by Hon’ble Commissioner Anandi Ramalingam, effectively bars the appellant from further pestering the Security Printing and Minting Corporation of India (SPMCIL) with repetitive and frivolous inquiries.
The appellant, having been dismissed from service by SPMCIL, had embarked on a campaign of filing hundreds of RTI applications across various units of the Corporation. These applications sought granular, often redundant information regarding caste certificate verifications, departmental promotion committee proceedings, and various internal performance reports.
The Respondent Public Authorities—IGM Mumbai, the Corporate Office, and several other printing and minting units—had consistently denied the requests, citing that the information was either personal and exempt under Section 8(1)(j) of the RTI Act, nonexistent, or that the requests were repetitive and aimed at harassing the infrastructure of the organization.
Refusing to be drawn into a never-ending cycle of litigation, the CIC underscored that the appellant’s actions were no longer a pursuit of transparency but a clear case of professional harassment. The Commission relied heavily on the precedent of Ramesh Chand Jain v. DTC , invoking the principle of "constructive res judicata."
The CIC held that an RTI applicant is expected to seek all relevant information on a particular subject during their first encounter. Allowing a stream of "bit-by-bit" questions, which merely rephrase or rehash previously resolved grievances, serves only to drain the resources of public offices without providing any meaningful public benefit.
In a stinging rebuke of the appellant’s conduct, the CIC noted:
The Commission’s decision serves as a stern warning: the RTI Act is a weapon for democratic transparency, not a shield for those seeking personal retribution against former employers. By dismissing these appeals, the CIC has set a vital precedent that public authorities are not obligated to entertain unending streams of inquiries from litigants who have already exhausted their claims before the legal system. For future petitioners, this confirms that while the right to information is protected, it is subject to the boundaries of common sense and the functional efficiency of the state.
constructive res judicata - Right to Information Act - vexatious litigation - harassment of public authority - Section 8 RTI Act
#RTIAct #VexatiousLitigation
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