CENTRAL INFORMATION COMMISSION

Transcription

1 CENTRAL INFORMATION COMMISSION (Room No.315, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi ) Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) Central Information Commissioner CIC/SA/C/2016/ Subhash Chandra Agrawal v. PIO, Lok Nayak Hospital Important Dates and time taken: RTI: FAO: Nil SA: Disposed of. Hearing: Decided on: Parties Present: 1. Appellant: Present. Public authority: Mr. Madan Mohan Maurya, US/CPIO, 281 North Block, New Delhi. FACTS: 2. The appellant filed RTI Application seeking information about name and address of male/female staff nurses in Lok Nayal JP Hospital from Rajasthan etc. CPIO gave information as received from concerned branch. Appellant filed second appeal before this Commission. Decision: 3. The RTI Activist, Mr. Subhash Chandra Agrawal has come up before the Commission with a peculiar problem. He is receiving bundles of information from different hospitals as he filed some RTI applications, which he claimed he did not. He says that his name along with his address is being misused by some persons to file fake complaint and RTI request. Somebody sought his name along with details of Rajasthani-citizens working in government hospitals in Delhi. Though the RTI request was not signed, Rajasthan government had transferred this unsigned RTI application to various hospitals in Delhi. He has

2 similar problem with a fake complaint against an officer working at Indian Council of Agricultural Research (ICAR). He also alleged that someone issued legal notice for defamation based on the complaint in his name. He narrated his problem as follows: I have been receiving voluminous information from various hospitals under Government of NCT Delhi on unsigned fake petitions filed under my name addressed to Public Information Officer on Lok Nayak Hospital (Delhi Government) seeking totally irrelevant and high voluminous information about male and female staff-nurses from Rajasthan working in hospitals in Government of NCT Delhi. Same fake petitioner has also sent unsigned representation to office of Hon ble Chief Minister of Rajasthan alleging 100-percent fake certificates/degrees from nursing-staff from Rajasthan, copies of which are said to have been marked to Health Minister (Rajasthan), Health Minister (Delhi), Chief Minister (Delhi)., Prime Minister, Lt. Governor (Delhi), Principal Secretary (Department of Health & Family Welfare, Delhi), Vigilance & Anti-Corruption Bureau, Chief Vigilance Officer, Vigilance Secretary (Government of India). PIO at Lok Nayak Bhawan while providing highly voluminous information without even asking for copying charges did not even bother to note that the RTI petition as unsigned. Otherwise also queries could be avoided under various provisions of RTI Act. Rather he also transferred the RTI petition to other hospitals from where also similar irrelevant and highly voluminous information was received which must have involved huge man-hours in compiling the useless information. Likewise unsigned representation addressed to office of Hon ble Chief Minister of Rajasthan was transferred to various hospitals of Delhi. This one is just one of numerous such fake RTI petitions and representations filed under my name addressed to many public-authorities, from where voluminous replies are received by me without even requiring copying charges adversely affecting my reputation for being a responsible citizen having used RTI Act in larger national and public interest. Most of such fake RTI petitions/representations are targeted against staffer(s)/officer(s) working in the same public-authority where such RTI petitions/representations are filed. Evidently misuses if being insiders can easily manage to get copies of documents sent at my address. At times, targeted staffers even threaten me for damages in tunes of millions of rupees for loss of their reputation which is done by fake petitioners under my name. Thus my fame for being a responsible citizen having exposed many scams/scandals and improving system through RTI petitions is badly tarnished. I have repeatedly taken up the matter of such fake petitioners with those on high posts and others concerned including Department of Personnel & Training (DoPT) and Hon ble Chief Information giving them some simple valuable suggestions to effectively check filing of frivolous, fake, vexatious and nuisance RTI petitions to save huge public money in handling such RTI petitions which presently perhaps now form major part of total filed RTI petitions. Even chances

3 of filing fake RTI petitions by one single individual in multiple names must not be ruled out. My experience through getting file notings on movement of RTI petitions reveals that handling of an RTI petition is not less handling of parliamentary questions by concerned public authorities thus involving precious man-hours, stationery and postal charges from public exchequers funded by taxpayers hard-earned money. I am also enclosing a copy of my interview on the aspect published in Indian Express on Unfortunately, DoPT has not taken any action on my repeated suggestions even though at times, acknowledgement is received from DoPT. These suggestions are also routed to DoPT through I suggest that every RTI petition or representation must be accompanied by ID proof preferably bearing signature of the petitioner. It should not be difficult because now-a-days every person especially those having knowledge about their right to file RTI petition and/or to send representation to government must be having at least some ID proof. 4. The appellant by virtue of his vast experience both as activist and consultant has made certain suggestions to prevent the misuse. He says: It is a common knowledge that those misusing RTI petitions, do so because of very low RTI fees of just rupees ten. Otherwise also, RTI fees needs upward revision in tune with increase in rates of several other public services in last eleven years of introduction of RTI Act. People below poverty line (BPL) are already exempted from RTI fees and copying charges (Even misuse by filing RTI petitions by big contractors in name of their BPL labourers to save copying charges have bee reported). Basic RTI fees should therefore be raised to rupees fifty but inclusive of copying charges of first twenty copies pages. It will be beneficial for all concerned ones including RTI petitions and public authorities practically putting no additional burden on RTI petitioners because of increased RTI fees. Petitioners by paying basic RTI fees at rupees fifty will get goods/service worth rupees fifty (Present RTI fees of rupees 10 + rupees 40 included as copying charges for first 20 copies pages). Rather both public authorities and petitioners will save lot of men-hours and postal charges in demanding/remitting copying charges at least for first twenty copies pages of documents. However DoPT must ensure that such basic RTI fees may be uniform for all public authorities (Central & States) and competent authorities without requiring any additional fees at stage of first appeal and second appeal. Considering very high cost (Rupees as per fiscal year ) as revealed through an RTI petition) of handling a postal order which is most popular tool of remitting RTI fees and copying charges, DoPT should ask Department of Posts to immediately issue RTI stamps in denominations of Rupees 2, 10 and 50 in a manner such exclusive stamps used to be there for remitting Radio & TV License fees. Various benches of Central Information Commission including even a full bench vide orders like in verdicts CIC/BS/C/2013/ dated (full bench), CIC/SA/A/2015/ dated etc. have repeatedly made recommendations in this regard. If Department of Posts can bypass all rules and norms in issuing special postal stamps in honour of a living personality (Sachin

4 Tendulkar) within twenty days of decision taken, it should also do so for issuing RTI stamps in denominations of Rupees 2, 10 and 50 to be released in inaugural session of forthcoming annual CIC Convention sometime in October, 2016 ensuring their availability from the date of issue of all post offices of India. It will save crores of Rupees annually to Department of Posts in bearing high handling cost of postal orders used for remitting RTI fees and copying charges, apart from easing burden on clearing operations in banks where such large number of postal orders used for RTI purposes are sent daily sent for encashment by various public authorities. It will further result in huge savings in clearing operations. With postal orders in denominations of Rupees two now discontinued, RTI petitioners are compelled to send extra copying charges of Rupees ten in place of fraction of Rupees ten. It is significant that Hon ble Chief Information Commissioner in his order dated in the matter Subhash Chandra Agrawal Vs. Supreme Court of India (CIC/SS/A/2014/000124) superseding earlier order dated of his predecessor in the matter Subhash Chandra Agrawal Vs. Union Ministry of Home Affairs (CIC/SM/A/2013/000781) has held that public authorities should demand even petty copying charges like Rupees two etc. Already CIC with approval of Hon ble Chief Information Commissioner vide letter dated has written to DoPT Secretary for issue of RTI stamps. Department of Posts should also extend facility of accepting RTI petitions addressed at Central Public Authorities without spending any postal charges from present about 5000 post offices to all about post offices in the country. It is not at all difficult because even smallest post office in the country is connected with a larger post office where on daily basis bags containing cash, postal orders, registered and Speed Post mail articles etc. are sent from smaller post office to the connecting larger post office. RTI petitions addressed to central public authorities can also be put in the same bag. Such added facility will further compensate RTI petitioners in case basic RTI fees is fixed uniformly at Rupees fifty inclusive of copying charges of first twenty copies pages. However all such suggested reforms should be made in a consolidated manner to avoid unnecessary criticism from a section of self acclaimed civil society. Since large number of RTI petitions are also filed taking RTI route like some Grievance Redress Mechanism, Central Government should take urgent steps for immediate legislation of Right to Services & Grievances Bill, 2014 for further easing of RTI system. These simple but important suggestions will be beneficial for genuine information seekers because of filtering out of RTI petitions filed for fun or unnecessarily burdening public authorities for no use. Number of petitions filed at Information Commissions will be considerably reduced resulting in timely information to genuine information seekers. 5. The complainant is praying for direction to DoPT and Department of Posts to provide copies of working sheets on these suggestions made by him earlier to these departments. Mr. Madan Mohan Maurya, Under Secretary, CPIO, represented DoPT and stated that according to law PIO cannot insist on production of photo Identity Card from the RTI applicants. DoPT also submitted

5 a copy of answer given by the Minister of State, Dr. Jitendra Singh in the Ministry of Personnel, Public Grievances & Pensions, and Minister of State in the Prime Minister s Office given in the Rajya Sabha on The Minister of State stated that RTI Act and Rules do not provide for furnishing photo ID along with appeals and complaints. The RTI Rules, 2012 do not specifically provide for furnishing photo identity documents (ID) along with appeals and complaints. However, in compliance of directions contained in order dated of the Hon ble High Court of Punjab and Haryana in CWP No. 4787/2011 in the case of Fruit Merchant Union Vs. CIC & Others, the appellants were asked to provide their photo ID proof along with other documents while filling appeal/complaints in Central Information Commission. However, the Commission has decided that no appeal or complaints be returned merely on account of non submission of photo ID by the appellant. 6. The PIO however could have insisted on signature on the RTI application. No other representative was present on behalf of respondent authorities, Lok Nayak Hospital, Delhi, Office of Chief Minister of Rajasthan and Department of Posts, Delhi. 7. The PIO of Lok Nayak Hospital should not have forwarded the unsigned application to various hospitals in Delhi, without realizing the possibility of huge wastage of money and papers in dispatching the information sought by a fake applicant. Every alert PIO of public authority has to suspect such unsigned letter and also examine the viability of information sought, which appears to have not been done in this case. Similarly the Chief Minister s Officer of Rajasthan also forwarded RTI application, without application of mind. The Commission takes a serious note and warns against this kind of casual transfer of RTI applications and non-response to CIC s hearing notice. 8. The Commission directs, CPIO of DoPT and Department of Posts to provide copies of work-sheets/file notings on three complaints filed by the complainant, within 21 days from the date of receipt of this order. 9. It is a matter of serious concern that fake applicants are using the name of reputed RTI Activist and troubling both the RTI Activists and the Public Authorities. Appellant feels that the PIOs of the Public Authorities need to be properly guided by the DoPT, in dealing with such fake RTI applications.

6 10. Appellant requested formation of Joint committee of Officers from DoPT, Department of Posts and Central Information Commission in a consolidated manner to consider points which are advantageous for even for publicexchequers as well apart from giving benefits to users of RTI Act in a consolidated manner so: a) RTI fees may be raised to rupees fifty which should include copying charges for first twenty copied pages. It will practically not burden users of RTI Act. Huge man-hours and postal-charges in demanding and remitting copying charges will be saved both for public authorities and petitioners. Number of frivolous RTI petitions will be considerably reduced. b) Department of Posts in its Committee to re-consider issue of RTI stamps in denominations of rupees 2, 10 and 50 as repeatedly recommended in several CIC verdicts and now even approved by Chief Information Commissioner did not include representatives of DoPT and CIC, representation was given to DoPT and CIC earlier committee to discuss the issue. RTI stamps will save huge cost of Rs in handling postal-orders by Department of Posts apart from burdening clearing system of banks costing extra in handling postal-orders. It is also to be noted that copying charges below rupees ten now cannot be paid because minimum denomination of postal-order is now rupees ten. c) Provision of accepting post-free RTI petitions addressed to central public-authorities presently available at just about 4500 post offices, should be extended to all about post-offices in the country. 11. Though appellant wants guidelines against misuse. Abuse and frivolous RTI applications, the Commission does not want to go into those questions in this complaint. There should be a focussed effort in tackling the fake applications which harass both the genuine applicants and public authorities. Hence, the Commission recommends, in the interest of promoting genuine usage of RTI and preventing fake applicants, the Secretary, DoPT, to address the serious issue of fake complaints like in this case, consider the suggestion of appellant/complainant to prepare an Office Memorandum with specific guidelines for the PIOs to deal with the such fake RTI applications, as soon as possible. Sd/- Authenticated true copy (M. Sridhar Acharyulu) Central Information Commissioner

7 (Dinesh Kumar) Deputy Registrar Copy of decision given to the parties free of cost. Addresses of the parties: 1. The CPIO under RTI, O/o Medical Superintendent, GNCTD, Lok Nayak Hospital, New Delhi , (RTI Cell). 2. Shri Subhash Chandra Agrawal, 1775 Kucha Lattushah Dariba, Chandni Chowk, Delhi Public Information Officer, Chief Minister Office Secretariat, Government of Rajasthan Jaipur Public Information Officer, Dept of Personnel & Training (DoPT), North Block, New Delhi , (RTI Cell). 5. The CPIO Department of Posts, Daak Bhawan, Sansad Marg New Delhi,