Madras High Court
I.Narayana Devendrer vs The State Information ... on 26 October, 2022
W.P(MD)No.7422 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.7422 of 2015
I.Narayana Devendrer ... Petitioner
Vs.
1.The State Information Commissioner,
Tamil Nadu State Information Commission,
No.2, Thiagarayan Salai,
Eldams Road Junction,
Teynampet,
Chennai-18.
2.The Assistant Registrar,
Tamil Nadu Information Commission,
No.2, Thiagarayan Salai,
Eldams Road Junction,
Teynampet,
Chennai-18.
3.The Principal Secretary to the Government,
Health and Family Welfare Department,
Secretariat,
Fort St. George,
Chennai.
1/7
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7422 of 2015
4.The Public Information Officer,
Health and Family Welfare Department,
Secretariat,
Fort St. George,
Chennai. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records pertaining to the impugned order passed by the
first respondent in Case No.35519/E/2014, dated 17.02.2015, confirming
the rejection of first appeal by the Appellate Officer, dated 30.06.2014
and quash the same and consequently direct the respondents herein to
furnish the information sought for by the petitioner vide his application,
dated 05.04.2014.
For Petitioner : M/s.B.Jameel Arasu
For R-1 & R-2 : M/s.K.K.Senthil
For R-3 & R-4 : M/s.A.Baskaran
Additional Government Pleader
ORDER
The present Writ Petition has been filed challenging an order
passed by the first respondent herein, under which, the request of the
petitioner for furnishing information has been rejected, on the ground
that it is voluminous in nature and the petitioner is noway connected with
the said information.
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W.P(MD)No.7422 of 2015
2. The petitioner has sought for information relating to the name,
address, education qualification, post graduate qualification, date of
joining of Doctors in the Government Hospital between 2009 and
01.01.2014. Though it may not be necessary to furnish reasons for
seeking the said information, it could be seen that the petitioner is noway
connected with the said information.
3. The information that has been sought for is voluminous in
nature and it does not fall within the definition of "information" as
contemplated under Section 2(f) of the Right to Information Act, 2005.
4. The object of the Right to Information Act is to secure, access to
information under the control of the public authorities only in order to
promote transparency and accountability in working of every public
authority. Unless the authorities under the RTI Act find that the
information sought for would amount to promoting transparency or
accountability in working of every public authority, all sundry
information that has been sought for by the citizens need not be
furnished to the information seeker.
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W.P(MD)No.7422 of 2015
5. In view of the above said facts, the authorities under the Right
to Information Act have rejected the request of the writ petitioner for the
above said information. The learned Counsel appearing for the first
respondent has brought to the notice of the judgment of the Hon'ble
Supreme Court reported in 2011 (8) SCC page 497 (Central Board of
Secondary Education and another Vs. Aditya Bandopadhyay and
others) in paragraph No.67 has held as follows:
"67. Indiscriminate and impractical demands or
directions under the RTI Act for disclosure of all and
sundry information (unrelated to transparency and
accountability in the functioning of public authorities and
eradication of corruption) would be counterproductive as
it will adversely affect the efficiency of the administration
and result in the executive getting bogged down with the
non-productive work of collecting and furnishing
information. 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
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W.P(MD)No.7422 of 2015
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."
6. In view of the above said judgment of the Hon'ble Supreme
Court, the Act should not be allowed to be misused or abused to become
a tool to obstruct the national development and integration of destroying
peace, tranquility and harmony among the citizens. The indiscriminate
and impractical demands which would be counterproductive as it will
adversely affect the efficiency of the administration should not be
permitted under the RTI Act.
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W.P(MD)No.7422 of 2015
7. In view of the factual situation and the judgment of the Hon'ble
Supreme Court, I do not find any illegality or infirmity in the order
passed by the authorities under the RTI Act. The writ petition stands
dismissed. There shall be no order as to costs.
26.10.2022
Index : Yes / No
Internet : Yes / No
btr
To
1.The State Information Commissioner,
Tamil Nadu State Information Commission,
No.2, Thiagarayan Salai,
Eldams Road Junction,
Teynampet,
Chennai-18.
2.The Assistant Registrar,
Tamil Nadu Information Commission,
No.2, Thiagarayan Salai,
Eldams Road Junction,
Teynampet,
Chennai-18.
3.The Principal Secretary to the Government,
Health and Family Welfare Department,
Secretariat,
Fort St. George,
Chennai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7422 of 2015
R.VIJAYAKUMAR, J.
btr
4.The Public Information Officer,
Health and Family Welfare Department,
Secretariat,
Fort St. George,
Chennai.
Order made in
W.P(MD)No.7422 of 2015
26.10.2022
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