Tuesday, August 05, 2014

SOCIAL AUDIT -CIC DECISION Decision No. CIC/AD/A/2013/000377/VS/07408 Dated 30-07-2014

Date: 31-07-2014                                                                               By email

To,
Chief Information Commissioner,
Central Information Commission,
New Delhi110066
Email: rajiv.mathur@nic.in

Respected Sir,

Subject: Decision No. CIC/AD/A/2013/000377/VS/07408 Dated 30-07-2014 ---Rameshwar Ram, v/s Ministry of Railways
As part of social audit and citizen participation in governance, I happened to peruse captioned decision. Ld. IC has declined supply of copies of 144 caste certificates based on section 7.9 of RTI Act. With a view to improve quality of decisions and making RTI effective and user-friendly, I respectfully point out following infirmities in the said decision:

01. As per section 7.1 of RTI Act, information can be declined only under section 8 or 9 of RTI Act, while Ld. IC has used section 7.9 to deny information.

02. I am attaching a write –up on section 7.9, contents of which will substantiate that the captioned decision is not in consistence with RTI Act.

03. The applicant has not sought caste certificates in any other form than what is available on record.

04. Administrative difficulties for supply of 144 caste certificates cannot be reason for denial. [Ref: Judgement dated 07-01-2010 of Hon’ble High court of Madras in W.P.NO.20372 of 2009 and M.P.NO.1 OF 2009].

05. CPIO was already having list of 144 employees who has submitted caste certificates and hence getting files would not be much time consuming for his staff. He had 30 days time to get photocopies [i.e.5 copies per day]. This could have been done in less than 6 hours of sincere working by a clerk of CPIO office.

06. This decision violates following decisions of CIC and hence principle of precedence is breached:

CIC/SS/A/2012/001370 dated 29.04.2013
CIC/SS/A/2013/000829 dated 15-10-2013
4221/IC(A)/2009- F. No.CIC/MA/C/2009/000195 dated 24-07-2009
CIC/SM/A/2010/001028 dated 30-05-2011
CIC/SM/A/2013/000218 dated 18-06-2013
and also CIC decisions and court judgements mentioned in attached write-up

Thus there is procedural deficiency since previous decisions were not taken into account

07. The captioned decision also violates following judgements:

a. Judgement dated 12-12-2011 of HIGH COURT OF DELHI in LPA 797/2011 -UPSC v/s  N SUGATHAN covering other three writs on the same issue.

b. Judgement dated 23-04-2013 of HIGH COURT OF UTTARAKHAND in Writ Petition No.1814 of 2006 (M/S) -Uttaranchal Public Service Commission Vs. CIC.

c. Judgement dated 04-03-2013 of Punjab & Haryana High Court in CWP No.4239 of 2013 (O&M) - Vijay Dheer vs State Information Commission,

Thus there is procedural deficiency since previous court judgements were not taken into account by Ld. IC


08. Disclosure of certificates and documents is in larger public interest, since very large number of cases have come to light where candidates have sought appointments on the basis of fake or forged documents and certificates. Scrutiny of genuineness cannot be left to govt. officers only. Alert citizens can also check veracity of certificates and documents if supplied under RTI. This will serve larger public interest which over-rides private interest and privacy of recruited employee. I quote from judgement quoted at 7.c supra:

“…….A part of information/documents sought by the complainant, relates to the mode of appointment/promotion of a person on a public post, therefore, Information / documents to that extent fall under the domain of larger public interest. The documents on the basis of which a person has sought an appointment in a public office becomes the documents of larger public interest."

09. It is not in consonance with preamble and legislative intent of RTI Act. It has resulted in gross miscarriage of justice and public welfare. It supports wrong doers at the cost of law abiding public, specially when media is exposing large scale submission of fake caste certificates to grab govt jobs. This decision is encouraging bad governance where public scrutiny is obstructed.

10. In this case worst come worst, inspection should have been allowed, so that the appellant could select few of caste certificates for supply of photocopy.  In that case peon of CPIO could have given 144 files to appellant for inspection. Ld IC could have ordered supply of at least 50 photocopies out of 144, if he came to the conclusion that 144 certificates will divert resources disproportionately. Appellant would have sought remaining certificates by filing separate RTIs in the batch of 25-30 certificates, since he was already having list of such candidates.

11. The decision lacks reasoning and justifications for arriving at the decision to deny information u/s 7.9. There appears to be no meaningful application of mind. Importance of reasons has been repeatedly hammered by higher judiciary and without reasons, orders are nullity as being arbitrary and subjective. Thus there is procedural infirmity on the part of Ld IC.

12. It appears that appellant is employee of Public Authority. Hence he must be in know of fake certificates and wanted to substantiate his unconfirmed information, before lodging complaint with appropriate authority. Thus he was doing national service by exposing those who have grabbed govt jobs belonging to reserved categories on the basis of fake caste certificates.

13. The order trivializes fundamental right of a citizen guaranteed under Constitution.

I have locus standi in this case, since my future requests will be denied on the basis of this decision, as precedence. Candidates recruited based on fake or forged certificates and documents would give rise to bad governance, which may affect many citizens including me. Thus I am affected person like any other citizen who has to be served by public servants.

In case review is not possible, you may use your position as first among equals and ensure that such decisions are not taken in future at least.

I am sure, Ld. IC, keeping in view his stature, legal qualifications and background, would not like to take disadvantage of inability of common appellants to approach High Courts against defective decisions, due to financial, time and expertise constraints. Each decision of CIC is costing nearly 18-20000/- to tax payers and poorest of the poor also pays indirect taxes while buying food. If challenged, such defective decisions of CIC further aggravate pendency of already overburdened higher judiciary.

I humbly quote:


“A citizen is not expected to indulge in futile litigation and endless chase in overcoming technical hurdles and obstacles for seeking information. Public authorities are not obliging him by giving him information because the rule of the day is transparency, accountability in public dealing and public affairs and in relation to public fund.
--- HIGH COURT OF BOMBAY [Shikshan Prasarak Mandali vs. Maharashtra SIC & ors. Writ petition decided on 18.10.2012] [Citation: RTIR I (2013) 234 (Bombay)]


Copy of above decision is enclosed with write-up on section 7.9
Yours faithfully,
J. P. Shah
Copy to: Shri Vijai Sharma, Information Commissioner, CIC Email: vijai.sharma@nic.in

-Kindly cogitate for future decisions in the interest of RTI.

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