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This is an archive article published on December 11, 2010

In a first,information commissioner blacklists appellant

For the first time ever,the Punjab State Information Commission has blacklisted an appellant and directed the deputy registrar not to accept his applications.

For the first time ever,the Punjab State Information Commission (PSIC) has blacklisted an appellant and directed the deputy registrar not to accept his applications. State Information Commissioner (SIC) Rupan Deol Bajaj issued directions after finding irregularities in Pathankot-based appellant Yogesh Mahajan’s signatures in eight cases and for non-compliance of commission’s orders for his personal appearance.

She said he appears to be a “‘little factory churning out RTI applications,affidavits,appeals and complaints’,which are then replicated and sent to all divisions or sub-divisions of the engineering departments ‘on a regular and assembly line basis’”.

Bajaj clubbed eight cases of Mahajan,who has been regularly filing RTI applications in the offices of PIOs of the executive engineer,PWD(B&R) of various districts. However,he neither appeared himself or through representative nor sent any communication despite the fact that the cases were earlier adjourned on his request. He also failed to submit the documents he was asked to.

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The SIC said that in an earlier case too that came up in May this year,similar directions were given to him but he has not complied with them till date. Mahajan was directed to submit his verified and standard signatures,as per his PAN card and voter I-card,and explain why all his signatures — in the RTI application,reminders,first appeal,second appeal,as well as in the affidavit filed before the Commission—¿ were different.

“None of them are proper signatures but only scribbles,” Bajaj said,adding this anomaly was not in one file but in all the eight.

She said 10 to 15 cases of the appellant previously dealt with by this bench were also checked and similar aberrations was noticed. “It appears that he has delegated his identity to a large number of persons or that his name is a front for some other persons.”

“There is something dubious about the whole matter. It leads to an uncomfortable suspicion that the RTI Act is being misused by the complainant and the Commission is unwittingly becoming party to it,by adding weight behind him,” she said while dismissing his cases.

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Bajaj directed the registry of the Information Commission to see to it that second appeals,complaints and review petitions filed by Mahajan,self-styled president of the Anti-Corruption Council,Pathankot,are not be entertained as he has not appeared in the commission despite being given various opportunities and not given any clarification on the matters raised by the Commission from time to time.

However,the move has evoked a mixed reaction. While some said that this was a big setback to the RTI Act,others asserted that the Punjab panel has given a great signal to people who have been abusing the law.

RTI activist H C Arora said,“This is illegal. What if the appellant tomorrow files an application in public interest. If the PIO feels that the applicant is blackmailing him,he can take the legal remedy. The Commission can also recommend criminal action after looking into all aspects of the case.”

However,sources in the Central Information Commission said that they too have been facing similar problems of frivolous appeals and complaints and it was good that someone had taken a stand.

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