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| PIOs demand right to refuse information on CIC pattern | | Seeking similar information via different RTI pleas | | Early Times Report
Jammu, Jan 29: The Public Information Officers (PIO) of various Public Authorities across J&K have sought intervention of State Information Commission (SIC) to issue similar orders on the pattern of Central Information Commission (CIC) which would not allow an information seeker / RTI applicant to file several RTI queries seeking similar information following an order to this effect passed in August last year.
The Central Information Commission (CIC) by setting a new ground for refusal of information under the RTI Act, said in its orders last year that filing of repeated RTI applications by an applicant seeking similar information shall be a reasonable ground for rejecting the plea for which reply has been given.
"The citizens have no right to repeat the same or similar or slightly altered information request under the RTI Act, 2005, for which he already got a response," the Commission observed on the basis of objectives of the RTI Act and interpretations given by other Information Commissioners.
The order which might have some implications on the Right to Information regime, Information Commissioner M Sridhar Acharyulu said in his order passed in August 2014 that once an RTI application is answered the appellants shall refrain themselves from filing another RTI application against the public authority.
"…As once information is received and held by them or posted in public domain, because such information is deemed to have ceased to be 'held' by the public authority," he said basing his arguments on the observations given by previous Information Commissioners and objectives of the RTI Act.
Dismissing the appeals of an RTI applicant Nitesh Tripathi who was repeatedly seeking "information which are highly voluminous," Acharyulu said first appellate authority (within the department) and Commission may be right and reasonable to consider this as a ground for rejecting the first or second appeal, respectively among other reasons.
"An applicant or appellant repeating the RTI application or appeal either once or multiple times, suppressing the fact of earlier application and receipt of the answer, the CPIO of the public authority may reject it forthwith after intimating it along with reasons," he said in his orders.
Tripathi had filed number of RTI applications to various authorities in the Health Department and Hospitals seeking details on several issues.
"We face similar situation in our offices as people keep seeking information from us on the same matter; I appeal State Information Commission (SIC) to consider this matter seriously " said Fayaz Ahmad a designated PIO.
"Arguing over this matter Syed Nassarullah, an RTI activist says that if proactive disclosure is made by a public authorities under section 4 (1) (b) of JK RTI Act 2009 through the official websites, the PIO will not have to provide the information sought repeatedly." |
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