CIC Dismisses Voluminous, Repetitive RTI Appeals, Citing Harassment of Public Authority and Constructive Res Judicata

Serial RTI Abuse: CIC Dismisses Multi-Batch Appeals to Protect Public Resources

In a stern ruling aimed at curbing the misuse 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 against the Security Printing and Minting Corporation of India (SPMCIL). Information Commissioner Anandi Ramalingam, while presiding over the hearing, underscored the necessity of protecting public authorities from systemic harassment through the filing of habitual and repetitive queries.

The Background of the Dispute

Satish Ashok Sherkhane, a former employee of India Government Mint, Mumbai, filed a series of RTI applications seeking photocopies of thousands of pages of personnel records, file notings, and action taken reports related to his dismissal, caste verification, and other internal grievances spanning several years.

The SPMCIL and its various units across India—including Kolkata, Dewas, Hyderabad, Nashik, and Noida—denied the requests citing a lack of specificity, the voluminous nature of the records, and the exemption provided under Section 8(1)(j) of the RTI Act regarding third-party personal information. Despite multiple rounds of First Appeals, the public authorities upheld the denials, prompting Sherkhane to escalate the matters to the CIC.

Arguments of the Parties

The Appellant's Stance: Sherkhane maintained that the information was vital for his ongoing litigation in the Central Government Industrial Tribunal (CGIT) and to prove a “criminal conspiracy” against him. He argued that the principle of res judicata does not apply to his requests, particularly because he is engaged in criminal proceedings where documentation is allegedly fabricated to shield senior management.

The Respondent's Position: SPMCIL, represented by various CPIOs, argued that the appellant is a "disgruntled employee" whose requests are not designed to serve the public interest but to repeatedly challenge his termination. They submitted that the queries are vexatious, aimed at harassing public officials, and require the diversion of significant human and financial resources, effectively paralyzing the functioning of the administration.

Legal Analysis: The Invocation of Constructive Res Judicata

The Commission performed a deep dive into the historical litigation filed by Sherkhane, noting that over 300 cases involving the appellant against SPMCIL have already been adjudicated. The CIC relied on the landmark judgment in Ramesh Chand Jain vs. DTC , which established that RTI applicants cannot use the Act to file piece-meal applications on the same subject or grievance at different stages.

The CIC held that “constructive res judicata” mandates that an applicant must seek all related information in the first instance. Failing to do so—or deliberately breaking up requests into hundreds of smaller ones—does not grant the appellant the right to an “unending stream of questions.”

Key Observations

The Commission’s order highlights the threshold between the exercise of a right and the weaponization of the same:

• > “The Commission... observes that the appellant is a cantankerous, disgruntled employee who is trying to harass the public authority by filing numerous RTI application asking for all and sundry information.”
• > “He is in the habit of providing bald arguments having no substance or relevance with the information sought.”
• > “The Commission noticed that several applicants seek some information from one wing of the public authority and based on the responses file a bunchy of RTI questions... This will have a continuous harassing effect on the public Authority.”

The Final Decision

Dismissing the appeals, the CIC warned the appellant that future appeals on the same subject matter would be summarily dismissed. The decision acts as a shield for public authorities, reinforcing the principle that the RTI Act is a tool for transparency, not an instrument for private grudge-fulfillment or administrative paralysis. By invoking the principle of constructive res judicata , the CIC has set a vital precedent for limiting vexatious litigation within the RTI framework.