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CIC dismisses appeal against IIIM, calls it misuse of RTI Act 2/16/2016 11:49:38 PM Early Times Report Jammu, Feb 16:The State Chief Information Commissioner (CIC) has dismissed an appeal filed against Indian Institute of Integrative Medicine (IIIM) Jammu as the information seeker had filed multiple RTI applications under state and central RTI laws. The Information Commission taking matter seriously in its order said that the intentions of the appellant are quite clear that he wants to misuse the process of law and keep engaging public authorities in unnecessary litigation. Details available with Early Times reveal that one Naresh Kumar Gupta, a resident of Mohallah Paharian Geeta Bhavan ,Jammu had filed an RTI application dated 15.06.2015 under J&K RTI Act, 2009 addressed to Public Information Officer (PIO) of Indian Institute of Integrative Medicine (IIIM) , Canal Road, Jammu seeking information regarding the explosive solvents purchased by the Institute during the month of March, 2015, as well as the information on adequate storage facility at present, of solvents purchased by the IIIM. The PIO replied vide letter No. IIIM/RTI/2015/117/1019 dated: 10.07.2015 asked information seeker to file application under Central RTI Act 2005. In response to PIO's query, applicant filed application dated: 25.07.2015 addressed to First Appellate Authority (FAA) namely Dr. Y.S. Bedi, IIIM, Canal Road, Jammu. After that PIO issued deficiency notice regarding mode of payment of fee dated: 28.08.2015. The deficiency was made up by appellant vide letter dated: 03.09.2015 received on 05.09.2015. The PIO provided the information on 05.10.2015. How-over the First appeal dated: 18.07.2015 dispatched on 25.07.2015 was not been adjudicated by the FAA. The information seeker filed 2nd appeal before State Information Commission (SIC). The hearing of the appeal was fixed on 19.01.2016. The appellant according to State Information Commission (SIC) was informed to attend the hearing but he didn't attend the same. Chief Scientist IIIM Jammu (FAA) attended the hearing and he informed the Commission that all the information as sought by the appellant has been given by the PIO later on. The Commission has further found that when the RTI application was made the appellant was informed vide PIO's communication dated: 10.07.2015 that public authority before whom the RTI application was made is a Central Government establishment and is governed by Central RTI Act, 2005. Therefore, the appellant was advised by the PIO to take action accordingly. Thus, the PIO complied with the provisions of the law i.e. section 7 of the RTI Act. However, later on the appellant filed first appeal before the FAA. The FAA disposed of his appeal vide order dated: 26.08.2015. The FAA has found that the appellant had simultaneously invoked both Central Information Act, 2005 and J&K RTI Act, 2009. The appellant had himself admitted the same in his First Appeal before the FAA dated: 03.09.2015. The PIO had also informed the appellant vide his order under No. IIIM/RTI/2015/118/537 dated: 28.08.2015 that the basic fee of Rs. 10 enabling the appellant to get the information was not in order. The appellant has also filed 2nd appeal before the Central Information Commission New Delhi on 19.10.2015. CIC's order dated 19.1.2016 reads:"It is found that same and identical information was sought by the appellant. The appellant who is a habitual user of RTI Act in the State without ever specifying whether the aim and objectives of uses of RTI Act are fulfilled. The Commission has gone through the relevant provisions of law and the PIO and FAA's contention that Indian Institute of Integrative Medicine is not a constitutional authority and it does not fall under section 2 (i), (ii) & (iii) of the J&K RTI Act, 2009. Hence, it does not come under the ambit of J&K State RTI Act, 2009, therefore, the appellant has to apply under the Central RTI Act, 2005. However, before disposing of the appeal, the Commission would like to make the following observations:- (I) By filing multiple applications both under the Central Act and the State Act, the intentions of the appellant are quite clear that he wants to misuse the process of law and keep public authorities engaged in unnecessary litigation without specifying whether the purpose laid down for the user of the Act in the preamble has been fulfilled by the appellant". The order further reads: "The Hon'ble Supreme Court in the case of Civil Appeal No. 6454 of 2011 [Arising out of SLP [C] No.7526/2009] Central Board of Secondary Education V/s. Aditya Bandopadhyay & others . Respondents have observed that the non serious RTI users should not be allowed to engage public authorities' 75% time in replying to RTI applications. The aim of J&K RTI Act as well as Central RTI Act by providing right to information is to ensure transparency and accountability in the working of public authorities with an objective of containing corruption and to hold the Government and its instrumentalities accountable to the governed. The appellant by seeking information which is held and possessed by a Central authority working in the territorial jurisdiction of J&K State have replied to the RTI application of the appellant filed under the Central Act and have found it not in order and had advised the appellant to deposit the basic fee, in accordance with the Central Rules have made substantial compliance with the provisions of the Central Act. In view of these findings, the 2nd appeal filed by the appellant before the Commission is disposed of and is accordingly dismissed. Further, the appellant is advised that in future, whenever he wants any information from any Central Government Establishment, he should file applications under the Central Information Act, 2005".   Share This News with Your Friends on Social Network     Comment on this Story

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