Chandigarh: The Haryana State Information Commission has ruled that the Right to Information Act cannot be used to file multiple applications or complaints on the same issue.“The right to seek information under the Right to Information Act, 2005 is a statutory right but the same cannot be construed as conferring an unrestricted right to institute repetitive proceedings on an identical cause of action,” state information commissioner Ajay Sura observed in detailed orders released this week.“The RTI Act has to be implemented in a manner that advances transparency and accountability while ensuring that the limited administrative resources of public authorities and adjudicatory bodies are utilised efficiently,” he said.The observation came in a complaint filed by Palwal resident Sharwan Kumar against the SPIO-cum-district education officer (DEO), Palwal. His RTI application was filed on Aug 24. During the hearing, the SPIO pointed out that the same application had already resulted in complaints in two other matters before the commission and that the application was identical, word for word, to the earlier one.The commission was also informed that 36 cases filed by Kumar against the education authorities concerned were pending before it and that he had filed 130-150 RTI applications before the offices of the district elementary education officer (DEEO), DEO, block education officer and district project coordinator (DPC) in Palwal.The commission has now directed Kumar to furnish an affidavit in respect of each RTI case already filed before it and any future complaint or appeal, affirming that he had not filed another complaint or appeal concerning the same RTI application and subject matter.He was also directed to furnish similar affidavits before the DEO, DEEO, BEO and DPC, Palwal, in respect of his pending RTI applications, affirming that he had not filed multiple applications concerning the same or substantially identical subject matter.Henceforth, every RTI application submitted by Kumar before these authorities must also be accompanied by an affidavit affirming that he had not already filed an RTI application concerning the same or substantially identical subject matter.The commission noted that complaints concerning the same RTI application had been instituted more than once. When questioned about the multiple complaints, Kumar did not furnish a satisfactory explanation, except stating that if one complaint had already been decided, the others could also be decided accordingly.The commission referred to earlier judicial pronouncements concerning repetitive and vexatious use of the RTI mechanism, reiterating that the legal right to information should not be abused. It also observed that a public authority cannot be disproportionately overloaded with complaints and RTI applications to the extent that providing information consumes the majority of its time and resources.
