The most mis-used Judgement of the Supreme Court by the PIOs
CBSE Vs Aditya Bandhopadhyay, Civil Appeal No. 6454 of 2011, SC
In Para-37 the Apex Court Opined that The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and
furnishing information to applicants instead of discharging their regular
duties. The threat of penalties under the RTI Act and the pressure of the
authorities under the RTI Act should not lead to employees of a public
authorities prioritising ‘information furnishing’, at the cost of their normal
and regular duties.
The above mentioned statement of the Hon’ble Supreme Court should not be considered as the Ratio Decidendi but the Obiter Dicta as nothing is directed to any authority to comply with the directions given in the judgment as to Para-37.
Whatever the Hon’ble Supreme court has said is there in the statute of RTI act, 2005, nothing new has been said.
It is only the opinion of the Supreme Court.
But the Corrupt PIOs are misusing it to reject the RTI applications mechanically and some places the section officers are entrusted to reject the RTI application taking the false ground of this case.