RTI applicant must disclose his interest in seeking info: Delhi HC

RTI applicant must disclose his interest in seeking info: Delhi HC

Abhinav.Garg@timesgroup.com

New Delhi:  17.01.2021

The Delhi high court has held that an RTI applicant seeking information should disclose his/her interest in it to prevent a “roving and fishing enquiry”.

Justice Pratibha M Singh, in a recent order, upheld the order of the Central Information Commission to deny material sought by an applicant under the Right to Information Act about appointments to a particular position at President’s Estate in Rashtrapati Bhavan.

“This court is of the opinion that whenever information is sought under the RTI Act, disclosure of an interest in the information sought would be necessary to establish the bonafides of the applicant. Non-disclosure of the same could result in injustice to several other affected persons whose information is sought,” the court noted, while also slapping a cost of ₹25,000 on the applicant, Har Kishan. In his plea, Har Kishan had sought information that included, among others, the complete residential address and father’s name of all selected candidates who had been appointed to the post of multitasking staff, alleging irregularities.

‘Petitioner didn’t disclose his kin had sought job’

Later a probe was carried out that showed 10 candidates obtained jobs on the basis of fake certificates, and their appointments were terminated, but President’s Estate refused to furnish the details sought in the RTI.

During the hearing of Har Kishan’s appeal against the CIC order, the HC found that his daughter had also applied for appointment, which he didn’t mention. He also hid the fact that he had himself worked at President’s Estate on an ad-hoc basis.

“The seeking of the above information, especially after the petitioner’s daughter did not obtain employment, clearly points to some ulterior motives,” the court observed.

It pointed out that even otherwise “the information sought in respect of the names of the fathers and residential addresses of the candidates is completely invasive”.