2022 Supreme(Online)(CIC) 13279
के(cid:7008)(cid:7076)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग,(cid:6981) मुिनरका
Baba Gangnath Marg, Munirka नई (cid:7408)द(cid:7016)ली, New Delhi – 110067 ि(cid:7367)तीय अपील सं(cid:6990)या/ Second Appeal No. CIC/DOMAI/A/2021/153137 In the matter of:
Sham Sunder … अपीलकता/(cid:6981) Appellant VERSUS बनाम CPIO, …(cid:7079)ितवादीगण /Respondent Directorate of Marketing & Inspection, HO: New CGO Complex, NH IV, Faridabad, HR- 121001 Relevant dates emerging from the appeal:
| R TI Application filed on | : | 06.11.2020 |
| CPIO replied on | : | 02.12.2020 |
| First Appeal filed on | : | 18.09.2021 |
| First Appellate Authority order | : | 23.09.2021 |
| Second Appeal received on | : | 09.12.2021 |
| Date of Hearing | : | 29.12.2022 |
Appellant: Absent (despite being served the hearing notice and the same has been confirmed by Shri Gurdev Singh, Network Engineer, from NIC Amritsar)
Respondent: Shri Sachin Khare, Marketing Officer & CPIO (AMI Division), participated in the hearing in person.
ORDER
Information sought:
The Appellant filed an online RTI Application dated 06.11.2020 seeking information as under:

The CPIO vide online reply dated 02.12.2020, informed to the Appellant as under:

Being dissatisfied, the Appellant filed a First Appeal dated 18.09.2021. The First Appellate Authority vide order dated 23.09.2021, informed as under:

Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
At the outset, the Commission remarked that the subject-matter of the instant RTI Application has been heard by this Hon’ble Commission in another Second Appeal bearing no. CIC/DOMAI/A/2021/105089 which has been heard on 29.06.2022 and the same has been decided by the Hon’ble Commission on 26.07.2022.
A written submission has been received by the Commission from Shri Sachin Khare, Marketing Officer & CPIO (AMI Division), vide letter dated 26.12.2022 and the same has been marked to the Appellant, wherein the Commission has been apprised as under:

Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the subject-matter of the instant RTI Application has been heard by this Hon’ble Commission in another Second Appeal bearing no. CIC/DOMAI/A/2021/105089 which has been heard on 29.06.2022 and the same has been decided by the Hon’ble Commission on 26.07.2022.
Accordingly, the instant Second Appeal is barred by principles of Res Judicata. No fresh adjudication is required in the instant matter.
Be that as it may, the Commission observes that the Appellant in the instant Second Appeal in point no. 14 has made an intentionally false declaration that this matter has not been previously filed with this Commission and the same amounts to contempt of the proceedings. The Commission finds this as a gross abuse of the RTI Act. The Commission is constrained to warn the Appellant to be more careful in future and refrain from making false declaration under oath. In case such approach of the Appellant resurfaces, the Commission will be compelled to dismiss his applications without hearing.
With the above observations, the instant Second Appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.