The Right to Information Act cannot be misused to harass public officials, and allowances during suspension are not permitted under applicable service rules.

JUDGMENT :

(M.S. Ramachandra Rao, C.J.)

1. The petitioner is a Judicial Officer (Under Suspension).

2. The petitioner made an application under Right to Information Act, 2005, before the Judge Incharge Cum State Public Information Officer, Civil Court, Giridih seeking information with regard to the following aspects:

1. T.A. and Disturbance Allowance Bill Petition dt. 1.1.2018.

2. T.A. Bill Petition dt. 5.4.2019.

3. Newspaper and Magazine Bill Reimbursement Petition dt. 4.12.2018.

4. Pool Car or Fuel Bill Payment Petition dt. 18.2.2019.

5. Medical Bill Payment Petition dt. 31.1.2020.

6. Medical Bill Payment Attestation Petition dt. 20.09.2019.

7. T.A. and D.A. Bill Payment Petition dt. 19.2.2020.

8. Attendance Register Opening Date relating to Suspended Officer.

(The name of authority satisfy said of attendance register.)

9. No. of days of each month in which subsistence allowance was paid to the petitioner from year 2018 to 2020.

3. A response thereto was given on 21.04.2020 by the said authority. In the said reply, it has been stated as follows:

1. In respect to query no.1 as per T.A. Rule, it is not mentioned anywhere in the T.A. Rule that T.A. and D.A. will be admissible during the period of suspension of officer or employee.

2. In respect to query no.2 as per T.A. Rule, it is not mentioned anywhere in the T.A. Rule that T.A. and D.A. will be admissible during the period of suspension of officer or employee.

3. In respect to query no.3. It is clear in Rule 96 of Jharkhand Service Code that only subsistence allowance is permitted to officer or employee during suspension period. During suspension period of officer or employee, it is not mentioned anywhere in Service Code as well as any letter issued by the State Government that allowance regarding newspaper and Magazine will be admissible.

4. In respect to query no.4. There is no any provision in Service Code as well as letter issued by the State Government to grant reimbursement bill of fuel and provision of pool car during suspension of officer or employee.

5. In respect to query no.5 and 6. It is clear that, information regarding query no.5 and 6 has already been provided vide letter no.29A dated 17.3.2020.

6. In respect to query no.7. As per T.A. Rule, it is not mentioned anywhere in the T.A. Rule that T.A. and D.A. will be admissible during the period of suspension of officer or employee.

7. In respect to query no.1 and 2. It is evident that being an officer you are regularly putting your signature on attendance register just after transfer (as headquarter in Giridih Judgeship under suspension) and it is in your good knowledge. Hence, there is no requirement to provide further information regarding attendance register as well as signature of officer.

8. In respect to query no.3. It is clear that, statement regarding subsistence allowance is on line available in the site of employee portal KUBER. Hence it is not required to provide further.

4. Aggrieved thereby, he filed an appeal being R.T.I. Appeal No.02/2020 before the District & Additional Sessions Judge-1 Cum First Appellate Authority, Giridih.

5. The First Appellate Authority passed an order on 21.07.2020 holding that the information sought by the petitioner was neither allowed nor rejected, and that the same was not in conformity with Section 7 of the R.T.I. Act. He therefore allowed the appeal, and remitted the matter back to the Judge Incharge Cum State Public Information Officer, Civil Court, Giridih for doing the needful.

6. Thereafter, on 27.07.2020, the Judge Incharge Cum State Public Information Officer, Civil Court, Giridih again passed an order stating that all the information required by the petitioner had already been furnished on 21.04.2020 and there was no need to furnish further information.

7. Thereafter, petitioner again filed an application on 23.09.2020 before the First Appellate Authority to initiate disciplinary action against the Judge Incharge Cum State Public Information Officer, Civil Court, Giridih alleging that he