CIC quashes application against PIO
Pranava K Chaudhary, TNN, Sep 2, 2010, 12.00am IST
PATNA: Chief Information Commissioner (CIC) A K Chaudhary in an
important judgment on Wednesday quashed an application in which the
PIO was charged with harassment in providing information about the
reason behind the cancellation of arms licence.
Chaudhary in his landmark judgment observed that the Act would not be
misused. "A clause contained in the Act, that an individual shall not
be required to state the purpose for which the information is prayed
for is required, became handy for many, who have leisure time at their
disposal to take various government and public for a ride," Chaudhary
quoting the judgment of Andhra Pradesh high court (2009) observed in
his judgment.
Under the RTI Act, each individual is entitled to get the information
as per fundamental rights but it is not the platform to harass the
PIOs. The CIC quashed the second appeal saying it does not have any
merit.
The applicant in question Krishna Kumar Singh, a resident of Kazi
Mohalla, Maner in Patna district had first made an appeal on September
7 last year seeking reason behind the cancellation of his arms
licence.
Three persons - Sohail Khan, Braj Nandan Singh and Krishna Kumar Singh
(all from Maner in Patna district) had applied for obtaining the
licence for NP bore rifle to the district administration in which
Sohail and Braj Nandan had obtained the licence. The district
administration had rejected Singh's application for arms licence.
Singh then filed an application asking for reason behind the
rejection. Despite several replies to the applicant he made another
query saying it "incomplete" and "unsatisfactory". All relevant
papers, including 45 pages of the zerox copies of the related
documents, were provided to Singh, the judgment said.
The CIC in his judgment also said that the RTI applicant, Singh, had
submitted same petition three times.
Then Singh also made queries about the reason behind giving arms
licence to Sohail and Braj Nandan which is a violation of the RTI Act.
Quoting the recent judgment in Andhra Pradesh high court, the CIC said
the applicant is not entitled to ask anything about others.
In view of the harassment to the PIO, the CIC quashed the second
appellate application of Singh. Chaudhary in a judgment said the whole
concept of RTI would be defeated applicants if such practices are not
stopped.
--
Urvashi Sharma
RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com
Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )
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