【 RNI-HIN/2013/51580 】
【 RNI-MPHIN/2009/31101 】
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Strange order given by the Information Commissioner to teacher under RTI disgusts HC, in the court of Justice Vivek Agrawal
09 Dec 2022
Bhopal. In Madhya Pradesh, the State Right to Information Act increased the problems of a teacher. When the teacher asked for information from the DEO, he did not give the information first. When the teacher made the first appeal, the information was not received here also. Getting information under Right to Information in Madhya Pradesh is not an easy task. Departmental information was not given to a teacher by his own DEO. When the information was not received even in the first appeal, the teacher reached the Information Commissioner. Here Information Commissioner Vijay Manohar Tiwari ordered the information officer to give information in 30 days, but also issued a strange order. Information Commissioner Tiwari issued an order to the collector saying that despite being a teacher, he is misusing the right to information. Orders were issued for departmental inquiry of the teacher.
Actually, this strange decree was issued for Vivekanand Mishra, a teacher of Tikamgarh. Distressed by the order, the teacher approached the High Court.
Hearing was held on this petition in the High Court. A single bench of Justice Vivek Aggarwal has asked the information commissioner to reply on an affidavit as to how this order was passed. Why not fine them for this. The court has sought a reply in four weeks. The order of the Information Commissioner was also stayed.
The counsel for petitioner teacher Vivekanand Mishra argued in the court that under RTI, the information commissioner has no right to punish the applicant. His order is arbitrary and in violation of the law. This is an abuse of office. The High Court agreed with the counsel's argument. The court issued a notice and said, why not compensate the applicant by imposing damages on the Information Commission.
The teacher said in the petition filed that he had sought information from the DEO Tikamgarh in RTI. On not getting the information, first appeal was made to the District Panchayat CEO. When he received no information, he filed for the second appeal before the Information Commission, Madhya Pradesh. Hearing this, the then Information Commissioner Vijay Manohar Tiwari had directed the Information Officer to give the information within 30 days. However, in this order, the Information Commissioner also ordered the Tikamgarh Collector that the applicant, being a teacher, is misusing the Right to Information Act. A departmental inquiry should be conducted against him.
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