Live Law: New Delhi: Wednesday,
April 20, 2016.
Taking
serious note of misuse of RTI, the Central Information Commission has observed
that such misuse by the employees of Public authorities shall be considered as
an item of misconduct that invite disciplinary action.
The
observation was made by Information Commissioner Prof. M. Sridhar Acharyulu who
was hearing an appeal filed by an employee of Ambedkar Polytechnic. He had
sought wide range of information about colleagues and Principal and even of the
officers who were supposed to inquire into complaints filed against him.
Perusing his
RTI application, the commission observed “ The public authority is scared of
appellant as he has already filed number of complaints, grievance
representations, RTI applications, almost chocking entire administration. “ The
commission also observed that appellant had video graphed a lecture of his lady
colleague in the class room without permission and put it on social media with
reckless allegations.
The
Commission further observed “he is undoubtedly a misuser of every mechanism and
bent upon harassing everyone who does not yield to his wishes. He is a
potential threat to peace in the institution and also privacy of colleagues.
Whole college is scared of him. He asked for certified copies of ‘integrity
certificate’ of officers who are asked to inquire into allegations against him.
This shows that he is not capable of working with other staff in public
authority like this.”
Dismissing
his appeal, the commission issued following directions,
· The public authority should proceed with disciplinary
action against the appellant for his misuse of RTI which amounted to
misconduct, before April 25, 2016. Every misuse of system like, misuse of PGMS,
RTI and Social media shall be considered as an item of misconduct that invite
disciplinary action.
· If the misusers of RTI involved in invading privacy by
video recording and spreading false allegations through social media network,
the head of the institute need to examine if it amounts to any offence under
IPC or IT Act, and shall report to appropriate authorities including police.
· The public authority should inform the individual
officers, if their rights are breached by misuse, they have a every right to
complain as per law and public authority shall facilitate such action, if the
misuse obstructs the normal course of functioning of the institute.
· The concerned authorities to take immediate action if the
information given to appellant in this case is abused or spread in social media
or elsewhere, and they shall not give any information to this appellant if
files similar RTI requests. The public authority should take note that
employees or colleagues like Ms.Tarika, Ms.Amita Dev have a right to seek
compensation from public authorities if they ignore or neglect their privacy
rights by indiscriminately giving information in the absence of public
interest. It is pathetic to note that the PIO could not ascertain that there
was no public interest in this case but appellant has malicious interests in
harassing others or building pressure on authorities in self-interest. The
authorities have a duty to protect other employees from such misusers. This
kind of misuse to build up pressure against taking action on misconduct or to
secure promotion should be treated as disqualification.
· The public authority should provide necessary training to
the PIOs and other staff members to verify the nature of appellant and if they
found him to be misuser, tell them not to give information like medical claims
of third parties.
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