Misuse of RTI amounts to misconduct and invites disciplinary action

Central Information Commission (CIC): While declaring an RTI applicant as misuser of social media and RTI, CIC warned him to stop misusing the law to harass his colleagues in a Delhi college. The Commission was hearing an appeal filed by an employee of Ambedkar Polytechnic, who filed RTI application seeking wide range of information about his colleagues and Principal and even of the officers who were supposed to inquire into complaints filed against him. He sought copies of integrity certificate of committee members those were involved in the inquiry. Appellant had already filed number of complaints, grievance representations, RTI applications, almost chocking entire administration. He also videographed the lecture of one of his lady colleagues in the class room without permission and put it on social media with reckless allegations. She complained against him before Delhi Commission for Women, which was dismissed on the ground that the Principal should have given a memo. She was upset with invasion of her privacy and reputation by wide circulation of abusive comments with video giving an impression there was some scandal. After perusal of documents and hearing the parties, CIC observed that the appellant is, “a misuser of every mechanism” and “every misuse of system like, PGMS, RTI and Social media shall be considered as an item of misconduct that invite disciplinary action.” “The head of the institute need to examine if it (actions of appellant) amounts to any offence under IPC or IT Act, and shall report to appropriate authorities including police,” CIC noted. The Commission also observed that the women colleagues were also entitled to get compensation for invasion of their privacy. The Commission further recommended the Delhi Commission for Women, to take necessary action on complaints of the lady colleague and report the compliance to the Commission. [Mohd. Shakeel Saifi v. Bhai Parmanand Institute of Business Studies, 2016 SCC OnLine CIC 3673, decided on March 3, 2016]

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