• Harassment by repeated RTI

One of my family member is working in state govt. as a teacher. An enquiry was held earlier regarding school's account in which my family member was found clean. However, one of her colleague (Now in different school) is repeatedly filing RTIs for the same matter repeatedly. Is there any way to stop this harassment?
Asked 4 years ago in Criminal Law
Religion: Hindu

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11 Answers

Filing of rti and seeking information cannot b3 stopped by the courts/rti officer. Let her ask for information but if there is nothing she cannot do anything.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Well, he has a right to seek information but cannot file a case etc. Unless he/she has evidence. Therefore do not panic. Maybe tge person is trying to test the information by asking different questions. That doesn't matter.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Querist

The Public Information Officer has a right to be denied to provide information based on third-party information or based on various applications for harassment and extortion.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

You can complaint against her if she is filing frivolous RTI applications but you need to prove the same with evidence

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- As per  Delhi High Court , the disclosure of personal information, which has no relation to any public activity or interest and revelation of which can cause “unwarranted invasion” into the privacy of an individual, cannot be disclosed under the  (RTI) Act.

- Further, Section 8 of RTI Act has categorically mentioned that personal information cannot be supplied.

- Hence, you can refuse to provide the details to her after lodging a compliant before the School and the RTI officer 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Documents of Government school is public record, any one can obtain documents under RTI.

Their would be only one inquiry ? Why will she will apply for same documents again and again ? 

She may be denied documents on the ground of misuse, frivolous applicant etc.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Colleague has right to file RTI 

 

if it is in respect of same issue reply would be the same 

 

you cannot stop colleagues from filing RTI 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

However, providing information can't be stopped as there is no provision of asking for a motive or reason to be asked to the RTI applicants,

 

2) The Commission has now started looking at some alternative remedies while dealing with information requests. It now insists that if a normal internal mechanism for assessing information is good enough, recourse to RTI Act may not be permissible.
 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The application seeking information through RTI is the right of the person applying for it and in fact the application is submitted to the PIO and not to your family member, therefore there should not be any harassment to your family member in this regard, so you cannot prevent or restrict that person from obtaining such information.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The application submitted seeking information through RTI act  by  that person is with the public information officer. 

An Indian citizen can claim it as a right  to seek information through the said act and it cannot be denied by the PIO unless it attracts the restrictive clauses of the said Act. 

Therefore you cannot claim it as an act of harassment 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client, 

Filing an RTI is a person's constitutional right. If the question being asked in the RTI has been made clear but they are continuing to persist then you may approach the police and claim harassment against them. Since the person has been found guilty once before, it may help you in your case.

Thank you. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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