RTI applicant in Uttar Pradesh disqualified for behaving in 'highly unreasonable manner'

RTI applicant in UP disqualified for behaving in 'highly unreasonable manner'

In a landmark order, the Uttar Pradesh Information Commission has found an RTI applicant to be a 'cantankerous litigant' and suggested that he should be 'disqualified for seeking information under the RTI Act from public authorities'.

It stated that the appellant has been behaving in a 'highly unreasonable manner' and does not show any inclination to listen to reason.

'The commission finds (that) in his hands, RTI (Right to Information) will become a tool of intimidation and oppression,' the order said.

State Information Commissioner Ajay Kumar Uprety, also the presiding officer, issued the order against Prayagraj resident Deepak Shukla last month.

Shukla allegedly made indecent remarks against the presiding officer and his staff and also threatened them.

According to the order, 'It is clear from his behaviour that he is indulging in such an act to get the decision of the commission and the presiding officer in his favour.'

Uprety, in the order dated July 17, said it also came to light that Shukla, after the hearing in another case on June 27, attacked Amrit Lal -- the public information officer of Veer Bahadur Singh Purvanchal University, Jaunpur.

Subsequently, a case was registered against him under sections 353 (assault or criminal force to deter public servant from discharge of his duty), 323 (punishment for voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code at Vibhuti Khand police station on the basis of a complaint by Lal.

Apart from this, Shukla also posts 'baseless, indecent, undignified and threatening' content against the commission, state information commissioner and commission personnel on social media on a continuous basis so that 'pressure can be exerted on the commission and decision on his application could be delivered in his favour', the order stated.

'...it is clear from his behaviour that he makes an effort to disrupt the decisions of the commission/presiding officer,' it added.

Uprety further said in the order, 'The commission is of the view that the appellant is a cantankerous litigant. He has been behaving in a highly unreasonable manner. He does not show any inclination to listen to reason.' He is continuously creating trouble for the commission and its staff, the state information commissioner said.

'The commission finds (that) in his hands, RTI will become a tool of intimidation and oppression. (The) commission records severe condemnation of his behaviour and recommends disciplinary action against him. (The) commission directs public information officers to seek remedies under the civil and criminal laws for his behaviour,' the order said.

Uprety further said, 'The commission records its admonition for the applicant for derogatory remarks against commission/commissioner/staff and impeding decisions of the commission. The behaviour of this applicant is absolutely undesirable.' 'Urgent action is needed to stop his unbridled behaviour so that the commission could give its decision freely without any pressure. He should be disqualified for seeking information under the RTI Act from public authorities,' according to the order.

All the public information officers of universities have also been directed to ensure that a copy of the order is displayed at their offices/websites.