Re: Query on govt employee

[arunkkumar2207j]

I have just read the news "Govt policies cannot be questioned through RTI Act: CIC". Can i ask for service report of any govt. (Central/State) employee and from whom.

[vashisthvivek]

Dear Arun,
You can ask for every record / information available with the PA except those exempted under S. 8 and 9. Although, you can not ask the PIO to create an information, which is not there. You can not ask the question "why", although you may obtain all the relevant record and find out your self as how and why a particular decision has been taken or a particular policy has been framed. As regards to the thread, you have quoted, I am of the view that the application was not drafted properly.
As regards to obtaining the service record of an employee, you can obtain the same from the PIO of the department, where the record is located. Don't hesitate to file an application. If you happen to file an application with the wrong PA, then it is obligatory for that PA to transfer your application to the appropriate PA within a period of 5 days.

[ganpat1956]

Originally Posted by arunkkumar2207j

Can i ask for service report of any govt. (Central/State) employee and from whom.

Section 8 (1) (j) of the RTI Act stipulates that :
information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.

Therefore the service report of any other govt employee cannot be simply accessed unless you are able to satisfy the PIO about the larger public interest involved in such a disclosure.

[maneesh]

Even if the public interest out ways, PIO has to resort to third party procedure where the person who's record is requested under RTI will be asked to inform whether he has any objection in disclosing the information.

http://www.rtiindia.org/forum/15-per...isclosure.html

[vashisthvivek]

Respected ganpat Sir and maneesh Sir,
The appointment of the Government employees is done in public interest. The Government employees render their duties in public interest. The promotion, upgradation and compulsory retirement etc. are all done in public interest. If a Government servant is not able to discharge his duties effectively, he can be terminated in public interest. It will not be incorrect to say that every action of the Government employee in office is in public interst. The pay of the Government employee is also paid from the public exchequre. Moreover, the service record of the Government are never secret and the same are not maintained in a fiduciary relationship. If the Government has some information relating to the private life of the government servant, then it may not be disclosed without the consent of that Government servant, but the same is not the case with the service record. Suppose an employee is promoted in public interest without requisite qualification, the the public has a right to obtain the information in this regard. In fact, I was successful in obtaining information with regard to the service record of the employees of the office of Advocate General. The record made it clear that more than 60% persons were promoted without requisite qualification. After that I represented to the Principal Secretary (Home) and now the Government has ordered an inquiry in the matter.

[snkmoorthy]

arunkumarji, the service record of a government employee is ordinarily exempt and ought to be exempt from disclosure because it is intensely personal and specific--unless you can satisfy the PIO that some public interest angle is involved in exposing the service record. otherwise you will not succeed.

[nile0611]

The record made it clear that more than 60% persons were promoted without requisite qualification. After that I represented to the Principal Secretary (Home) and now the Government has ordered an inquiry in the matter.

What if an unqualified person becomes driver of a train or bus.

[karira]

A Government employees Service Records are generally allowed to be disclosed. It depends on the facts of the case and how it is argued out.
There are at least 10 pages of CIC decisions on Service Records and a majority of them allow disclosure.
Just visit CIC and do a search for "service records".

[taurus]

It all depends on how you define service record. If by service record you mean service book, then in my opinion, it can be disclosed because it is only a chronological record of events happening in an employees career like appointment, increment, promotion, penalties etc. It also has his name, date of birth permanent address etc. None of this exempted by any section of the RTI. As long as one is a govt employee all these particulars are to be disclosed in public interest. If by service record you mean the personal file, where the nominations and other details of family members are kept, it involves the right and privacy of persons other than the public servant and hence cannot be disclosed without their consent. This will fall under the exemptions provided inthe Act.

[wagh7]

dear sirs,

Govt. employee means he is public employee, so any thing related to him can be disclosed.

rakatkam

[snkmoorthy]

dear rakatkam, anything related to the office of the govt.employee is in the public domain. anything related to his person is not unless there is an overriding public interest angle.l

[taurus]

Rakatkamji,
Only a Govt employee is an employee of the Govt. Not all his family members and not the whole family.

[wagh7]

sirs,

I totally agree with what vashistavivek is telling. Because any govt. employee of any level is for working the public either in direct or indirect manner.

So, every citizen is having right to know the service details of any govt. employee.

rakatkam.

[meteor]

Originally Posted by snkmoorthy

arunkumarji, the service record of a government employee is ordinarily exempt and ought to be exempt from disclosure because it is intensely personal and specific--unless you can satisfy the PIO that some public interest angle is involved in exposing the service record. otherwise you will not succeed.

Unless you know you cannot tell what public interest could be satisfied.

Service record doesnot contain anything about the private life of the Govt. Servant. Rather, it contains records of his interaction with the Govt. and cannot be treated as intensely personal and specific.

[meteor]

Originally Posted by taurus

If by service record you mean the personal file, where the nominations and other details of family members are kept, it involves the right and privacy of persons other than the public servant and hence cannot be disclosed without their consent. This will fall under the exemptions provided inthe Act.

Thanks for the post. But, nominations etc., in my opinion, is not that much private that cannot be disclosed.