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2025 Supreme(Online)(CIC) 2857

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
S Velkumar – Appellant
Versus
PIO, Heavy Vehicles Factory, Ministry of Defence – Respondent
CIC/DODEF/A/2024/104457 | CIC/DODEF/A/2024/104508 | CIC/DODEF/A/2024/104439 | CIC/DODEF/A/2024/126863



Advocates:
For the Appellant: S Velkumar
For the Respondents: PIO, Heavy Vehicles Factory

Repetitive information requests under RTI for self-serving interests do not qualify for disclosure and are subject to dismissal based on previous determinations.

Headnote:(A) Right to Information Act, 2005 - Scope of information sought - The Appellant sought information which had already been addressed in previous applications - Repetitive and frivolous applications for personal interest not sanctioned under RTI - Principle of res-judicata considered for finality of issues. (Paras 20, 22)

(B) Respondent's duty - CPIO reiterated the rejection of the information request based on previous submissions limiting information to publicly held documents - This reinforces the burden on information seekers to refrain from continuous applications on repeated themes. (Paras 20, 23)

Facts of the case:
The Appellant S Velkumar, previously employed at Heavy Vehicles Factory, filed multiple RTI applications post his removal from service, claiming retaliation and seeking information for personal grievance in a labor court case. The CPIO's responses elaborated on previous misconduct leading to his removal and collection of RTI applications.

Findings of Court:
The Commission noted the pattern of repeated RTI applications from the Appellant, advising judicious use of RTI provisions in future, thus dismissing the appeal on grounds of previous determinations and final judgements made.

Issues: Consideration of the appropriateness of the information requests and the validity related to public interest against self-serving inquiries in the context of RTI.

Ratio Decidendi: The Commission emphasized that repetitive applications seeking the same information do not constitute valid requests under the RTI Act and that matters resolved earlier should not reopen unless new grounds arise.

Result: The appeals are dismissed.

Table of Content
1. multiple rti applications filed by the appellant. (Para 1 , 2)
2. clarification on repetitive nature of applications and their consequences. (Para 3 , 6)
3. importance of the principle of res judicata in rti applications. (Para 20 , 21 , 22 , 23)

Information sought:

1. The Appellant filed an RTI application dated 04.10.2023 (offline) seeking the following information:

“When the workman shri. Velkumar did not provide the personal protective equipment required for the work even after requesting it, the concerned worker filed a complaint with the relevant departments in this regard, and as a retaliatory act, the management illegally prepared documents that the workman was doing less work and fired (remove from service) the workman.

This is for the worker to prove it evidence records are required. Also, the workman is required to submit this document to the court as dependent evidence ID ACT Case No. 36/2021 in CG-IT Labor Court Chennai. Date of cross examination of this case on 02.08.2023 recorded by respondent Mr.

Selvakumar (MW1) as follows:

Affidavit given by the respondent: It is a fact that almost all the employees except the petitioner have achieved more than 150% of the target (Copy enclosed) exhibit-M1)

Point no:1: Provide copy of production report of all workers except the petitioner have achieved more than 150% of the target. Relevant period of 2019-20 and 2020-21.

Point no:2: Provide details of documentary records showing that all workers except the petitioner in their OHMS shop have completed more than 150% of the target. Relevant period of 2019-20 2020-21.

Pointno:3: Provide a details of which QA/QC inspects the Drg.No:175.40.142 Axle planet produced in OH (MS) Shop and whether Route card Register is maintained for the same.

Pointno:4 Provide any other documents showing that all workers other than the petitioner in the OHMS shop are production target more than

150% production.

Pointno:5: Provide a copy of separate daily production report month of JULY 2021 for each workman is required for all the workers.”

2. The CPIO furnished a reply to the Appellant on 04.11.2023 stating as under:

“You were an employee of this Organization and was removed from service from HVF after having followed the procedure under CCS(CCA)) rule 1965 and principles of natural justice. Earlier you were charge sheeted for the misconduct i.e., (i) dereliction of duties (ii) failure to carry out assigned work (iii) not giving the output and willful insubordination (iv) behaving rudely with your immediate superior officers.

Hence you have started submitting numerous RTI applications consisting of various subjects in the same application. You even started asking copies of your own letters. It is pertinent to state that you have asked information on 433 Points through your 33 RTI applications. Taking in right spirit all these RTI applications were considered and replied in view of your above situation till date.

Now, you have given 4 more RTI applications on daily basis i.e., on 04.10.2023, 05.10.2023, 06.10.2023 & 07.10.2023. It is observed that you are seeking information constantly and repeatedly for promotion of your personal interest on the pretext of seeking the public cause without realizing the extent of distortions that it causes in use of public resources due to putting up frivolous applications for your self interest. Hence no information is provided to your 04 RTI applications under reference.”

3. Being dissatisfied, the appellant filed a First Appeal dated 14.11.2023. The FAA vide its order dated 16.12.2023, held as under:

“The undersigned in the capacity of Appellate authority referred your appeals to PIO for his comments.

The comments of PIO received vide his letter No.PIO/RTI/HVF/2023/2317 dated 15.12.2023 is enclosed herewith.

The undersigned in the capacity of first Appellate authority after perusal of the comments provided PIO/HVF is satisfied. Hence the undersigned has felt that it is not necessary to intervene the same.

IPOs of Rs.10

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