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2024 Supreme(Online)(CIC) 4609

CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, J
SHAM SUNDER – Appellant
Versus
Punjab National Bank – Respondent
CIC/PNBNK/A/2023/614919



The misuse of the RTI Act by filing repetitive applications undermines public interest and the efficient operation of public authorities.

Headnote:(A) Right to Information Act, 2005 - Sections 6 and 7 - Appellant filed multiple RTI applications seeking information regarding grievances and appeals disposed of by public authorities - CPIO denied information citing lack of public interest and resource diversion - Appellant's repeated applications deemed as misuse of the RTI Act. (Paras 1-8)

(B) Misuse of RTI Act - The Commission emphasized the need to balance transparency with the efficient operation of public authorities, cautioning against excessive demands for information that do not serve public interest. (Paras 7-8)

Facts of the case:
The Appellant, a former employee, filed numerous RTI applications regarding grievances and appeals, which were repeatedly denied by the CPIO and upheld by the FAA. The Appellant's actions were characterized as a misuse of the RTI Act, leading to resource diversion for the public authority.

Findings of Court:
The Commission found that the Appellant's repeated RTI applications were counterproductive and cautioned against further misuse of the RTI Act.

Issues: The main issues included whether the information sought was in the public interest and the extent of the Appellant's misuse of the RTI Act.

Ratio Decidendi: The court ruled that while the RTI Act promotes transparency, it should not be abused by excessive and repetitive requests that hinder the functioning of public authorities.

Result: Appeal dismissed.

O R D E R

1. The Appellant filed an RTI application dated 20.12.2022 seeking information on the following points:

(i) My grievances (as per list attached) were disposed of by PG officer, Please provide me the designation and official address of the PG officer who had disposed of these grievances for my further action in the matter.

(ii) Please provide me the complete record of disposal of grievance (as per list attached) including the file noting.

(iii) Copy of the record vides which the PG officer nominated by bank as per CPGRAM guidelines.

(iv) My appeal (as per list attached) were disposed of by nodal appellate authority with remarks that We may reject the appeal by stating that the reply already has been provided to complainant on the portal via his grievance, Please provide me the designation and official address of the nodal appellate authority who had disposed of these appeal for my further action in the matter. Since on CPGRAM portal the remarks are in the shape of the recommendation to authority. Please provide complete record of final decision of the appellate authority including file noting.

(v) CTS clearing was launched in all the banks and PNB had advised the controlling offices to implement the CTS clearing and get the back offices closed which are doing only the job of clearing. Provide the copy of the instructions issued for closure of back office doing only the job of clearing. As back office of MOGA and Firozpur in circle office Moga not closed as per instruction. Provide copy of the instructions vide which they are advised to continue. Sh Sanjeev Kumar Dhupar FAA send me appeal informing disposal of my first appeal vide order dated 12/12/2022. in the said order response of PIO mentioned as attached, but not attached. Please provide and also provide the RTI application/FA number.

2. The CPIO replied vide letter dated 04.02.2023 and the same is reproduced as under:-

Information sought has no relationship to any public activity or no larger public interest is involved. Moreover, this would disproportionately divert the resources of Public Authority. Therefore, the information cannot be provided.

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 04.02.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 23.02.2023 upheld the reply given by the CPIO.

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 23.02.2023.

5. The appellant remained absent and on behalf of the respondent Mr. Rajiv Sharma, Chief Manager attended the hearing through video conference.

6. The respondent while defending their case inter alia submitted that it was informed to the Appellant that the information sought has no relationship to any public activity or no larger public interest is involved. Moreover, this would disproportionately divert the resources of Public Authority. Therefore, information cannot be provided.

7. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that concededly, the Appellant is a former employee of the Respondent Public Authority and is relentlessly filing RTI Applications and Appeals on the same subject matter. The Commission finds it pertinent to mention that 49 Second Appeals/Complaints of the Appellant were heard on the same day so that the appellant does not have to appear frequently in the hearing on different dates and his time and resource are saved besides saving him from inconvenience. Despite most of the RTI queries being unclear, and similar in nature, the Respondent has tried to answer the same. From the submissions of the Respondent and from the previous records it is noticed that more than 100 hearings of the Appellant have previously been held before the Commission and these are largely similar to the Second appeals being heard in the instant case, i.e. from the list of cases listed today and pre

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