New Delhi. The Central Information Commission (CIC) has rejected the appeal of a lawyer seeking information under the Right to Information (RTI) Act related to the termination of the contract for supply of fruits and vegetables in Jawahar Navodaya Vidyalaya, Haryana. CIC said that no lawyer can use the RTI mechanism to seek information on behalf of his client.
Information Commissioner Sudha Rani Relangi, while disposing of the second appeal, said that the appellant, a lawyer by profession, had sought information on behalf of his brother, who used to supply to PM Shri Jawahar Navodaya Vidyalaya located at Odhan in Sirsa district. The CIC said that when the appellant was asked why he was seeking information on behalf of his brother, when his brother, as a citizen, could seek information personally, there was no reply from his side. The Information Commissioner said that it appears that the appellant has sought information on behalf of his client, which is not permissible.
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In its order, the apex information body cited a judgment of the Madras High Court which had said that an advocate can seek information personally as a citizen, but not as an advocate on behalf of his client. The order also warned that the RTI Act should not become a tool in the hands of lawyers to obtain all kinds of information to promote their advocacy.
The CIC reiterated the observation of the Madras High Court that the laudable objectives of the scheme of the RTI Act cannot be exploited for personal gains. The appellant had sought information related to 2019, which included tender advertisements, quotations, committee details, laboratory reports, blacklisting orders, service records, salary and asset disclosures of a section officer, and inspection reports dated December 5, 2022, related to the alleged supply of low quality vegetables.
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The Central Public Information Officer (CPIO) and the Principal of the school had informed the applicant that a large part of the records could not be made available as they were destroyed in a fire in the school office on the night of July 12, 2024. Due to fire incident in the school office, all the records have been destroyed. Therefore, information cannot be provided. It was said in the reply attaching copies of police diary and fire department report.
