cpc

rti abuse


I am a first woman sarpanch from my village , due to poltical opposition i got a bundle of rti every month . In each RTI i am always asked about the works in my working past 4 years repeatdly . I have to prepare answers comprises nearly 1000 pages in a single rti . I am not mentally tortured but this mental pressure causes severe loss of focus on my works. Can i complain about that person or black list or something for asking the same records for multiple times. Kindly suggest me about this.
thanks nd regards
 
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The application can be rejected under Section 7(9) of RTI Act and intimated to the applicant as it disproportionately diverts both the human as well as material resources of the public authority.The PIO in his rejection order may also explain as to how the habitual applicant has abused the RTI Act without any larger public interest.
 
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Retired employee.

A public information officer can either provide the information or deny information stating such exemption in Sec.8 or Sec.9 of RTI Act with exemptions.  I am never aware that information can be denied under Sec.7 (9) of RTI Act.

You can at the maximum ask the applicant to come and inspect the books as the information is voluminous in nature.  There is no such abuse/misuse of RTI Act.  At the most escalate it to State Information Commission, and then you can make your submissions to IC for his consideration. 

 
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Advocate

To my knowledge, the Sarpanch is not required to reply to the RTI applications. It is the task of the designated public information officer.

 
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Retired employee.

The politician makes every official as "dummy", it is impossible to get anything from Panchayat without the intervention of Sarpanch   The disclosures may irk sarpanch.

 
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The village Sarpach under Panchayat Raj Act is the Public Information Officer. And he have to provide the information under RTI act.

The CIC in CIC/SA/A/2015/001849 jagdish kumar koli vs Department of School education and literacy, MHRD, GOI cited that, if someone file a numerous RTI for his self-interest, without any public interest for his personal vengeance against the PIO with motive to Harass PIO than PIO shall not entertained  such repeated, frivolous and harassing RTI's.

 

 
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Retired employee.

To my knowledge only public servants should be designated as Public Information officers and his superior may be designated as First Appellate Authority.

The burden of proving that information was furnished rests on PIO and in case of denial, the justification must be done as per clauses Sec.8 or Sec.9 of RTI Act.

What is self-interest has to be defined first?  In this query, the applicant was asking the works attended by Panchayat which are in the public interest.   There are no exemptions for providing of information if the larger public interest is involved.   This personal vengeance, the motive to harass PIO, repeated, frivolous etc., has to be proved by PIO before IC.  A procedure has been prescribed that PIO must list out all such applications, date wise, record what was provided as information, and then upload the same in his website and also near the main entrance in the notice board of his office, etc.

 

 
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