Harassment and defamation through RTI

[suhasbhishma 0]

Hello, I would like to know whether any legal action can be taken against a some persons who are filing RTI against an individual by asking about his/her personal information and constantly by giving wrong address wherein all the replies related to queries and first appeal is returned by the postal authorities as unclaimed and the appellant does not turn up for the hearing. Kindly reply immediately as it has led to an harassment of the staff as well as defamation against the third party on whom information is sought. As there is no cost per month three to four RTI queries are posted on the same matter but the appellant's address is always wrong. Can we take action against such people.

[Prasad GLN 1,808]

Simple filing of RTI Application, not claiming a letter and not turning up for hearing are not offenses under any Act.

But if they are forged or there is impersonation it may amount to harassment.

If applicant seeks same information, just copy and paste the same information to him by changing dates like CBI.

Preserve the envelope unopened, if there are two or three such unclaimed covers preserve the covers and ignore applications.

Who are you to take action against appliant ? (I mean a PIO or Third party ). Has the Act empowered PIO to take any action against applicant ? (it is a different matter, if he is insider and most probably, he may be as such also)

The post is interesting. Please share that information that appliant was so frequently asking you and not accepting the envelopes. You may severe the names and post his query and your reply, as that may help some other PIOs who regularly visit the portal for such guidance. (Yes. True. Many ICs make it a point to address PIOs and 90% of them state misuse and quote instances like the one you have posted)

[MANOJ B. PATEL 21]

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Regard & Best Wishes.

Manoj B.Patel

[RAVEENA_O 530]

He is an insider having access to the RTI Files. His modes operandi is simple - file RTI application with wrong address and thereafter access the office RTI File and its notings as well as information gathered. He may be digging up issues in RTI, which may cause threat to some other staff / employees and his intention is to indirectly give such threats.

 

[1] Keep all his future RTI Applications and files dealing with it separately inaccessible to staff including Gr.D.

 

[2] Deny the information (even though it is available) and send the communication by post. He cannot make appeal without receiving original decision of PIO.

 

[3] If he is a genuine applicant and in case he comes in person either before PIO or FAA at a later stage, you can offer information free of cost at that stage.

[Prasad GLN 1,808]

Finally the TS's main query remain unresponded by other members

 

"whether any legal action can be taken against a some persons who are filing RTI against an individual by asking about his/her personal information and constantly by giving wrong address "

[RAVEENA_O 530]

Filing an RTI Application or repeatedly filing RTI application and seeking information is not a crime. Seeking personal information under RTI is also not a crime. It is for the PIO to decide such issues.

 

The act provides that an applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. The information given by the applicant in this case for contacting him is not sufficient enough to contact him and hence the communications are returned. The applicant by giving insufficient contact details forgone his own right to receive the information sent by the PIO. There is no scope to initiate any proceedings against Citizen of this country for invoking the right available to him under RTI Act.

 

The PIO being an officer designated as such is required to deal with all RTI requests received at his end. Dealing with such requests cannot cause harassment. Remedy to overcome the situation has already been suggested in my earlier post.

[koteswararaonerella 8]

as the RTI applications were filed under pseudonimus conditions ie., giving different names and addresses, you cannot take any legal action but you can file a police complaint that such and such person is doing this illegal activities but expect big result as such cases will not be probed seriously and will get closed with exchange of some money.

[RAVEENA_O 530]

When the person is unknown, who will exchange money with police?

 

Is it possible for the police to trace out the unknown man.

 

How can PIO establish that the person is one and making applications under different names?

 

What is the use of filing such police complaint?

 

Under what authority the PIO can lodge police compliant against a citizen who made an RTI Application? Perhaps he may be an illiterate person not able to write his own full postal address!

 

Duty cast upon PIO is to decide RTI Applications and advice further fee and thereafter supply information. Having decided the RTI Application and advised applicant, the PIO fully discharged his duty. It is not his duty to investigate whether an applicant is using different names or addresses.