central govt employees!

**muralikrisk** · 04-17-2009, 10:54 AM

Dear Sir,
i had given an application thru RTI on govt. quarter accommodation related issues.
They returned the application with comment as stated below.

" It appears that Shri...................., as an employee has sought the information in his official capacity. Section 3 of RTI Act specifies that all citizens shall have the right to seek the information from the Public Authority as per the right guaranteed under Artcle 19 of constitution of India. Since, your request does not comply with the provision; your application is returned herewith in original."

Kindly suggest let me know,
1. Whether an Central govt officer (group A) can seek info, from his employer?
2. Any clause of Section 3 and Article 19 of constitution restrict an employee from getting info from his employer?

kindly reply
with regards,
Murali

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**karira** · 04-17-2009, 01:03 PM

Sponsorer

Murali,

You are a Citizen first and then only a Government employee !

Even if your RTI Application was on your "official" letter head BUT was accompanied by the prescribed application fee, it is a valid application.

Please see the following threads:

http://www.rtiindia.org/forum/14650-...head-plea.html
http://www.rtiindia.org/forum/6191-c...formation.html
CIC's Legal Advisor's clarification of use of RTI byGovernment Servants
Govt employee faces music for invoking RTI
http://www.rtiindia.org/forum/12657-...uct-rules.html
http://www.rtiindia.org/forum/2573-b...kejariwal.html
http://www.rtiindia.org/forum/4789-n...formation.html

You should file a First Appeal with the First Appellate Authority.
It has to be filed within 30 days of receiving the PIO's reply.

**sngupta** · 04-17-2009, 02:49 PM

Dear Mr Muralikrisk, The right to information is only availbale to indian citizens hence any application not on behalf of indian citizen may be refused by CPIO`s. You please submit the application again in the capacity of Indian Citizen without mentioning post and mentioning your residence address.

**colnrkurup** · 04-17-2009, 03:52 PM

Mr.murali,
You have every right to go for First appeal and Second appeal. It appears that your superior officers does not like your resorting to RTI. This means all your further attempts are likely to antogonise them. Before making the next step please make up your mind that you are willing to resort to RTI channel despite displeasure fromyour superiors.

**RAVEENA_O** · 04-19-2009, 10:35 AM

The objective is important.

Please file First Appeal without using official letter head and without mentioning designation below name. Also file fresh application without using official letter head and without mentioning designation - let us see what the PIO may say this time.

There is no ban for a public servant in seeking information under RTI Act from his employer PA. It cannot caste any cloud on employees' career also.