transfer for using RTI act

[adil85]

[left]What is the remedy available to a public servant for having been transferred to an insignificant post for using RTI act to seek certain information of common interst to all the public servant of his department,specially when his 4 appeals are pending for hearing before the chief information commission under section 19(3) RTI Act 2005.In a case of my client the SPIO gave misleading reply.The person appealed to the 1st AA u/s 19(1) RTI act but he did not hear the appeal at all.When he appealed to CIC, he was forcibly sent on deputation to another place without his consent and without any allowance even he has been deprived of Travelling allowance and daily allowances which he is entitled.When he appeald to his superior who is also the Public Authority quoting Supreme Court rulings for infringing the guidelines settled by S.C in the matter of deputation,he got a reply that he had given a judicious consideration to the representation and had rejected the same. Please advise how to help the client? How can a public authority who is also the transferring authority can be more wise and claim to be judicious than the Apex Court? Help is sought from the people in administration and also from the wise members.
adil

[karira]

adil,

If you can prove that the transfer took place as a result of the RTI process followed by the applicant, CIC does take a very serious view of that.

Please bring this up very strongly during the hearing of the Second Appeal.

In addition, you can also file a complaint to CIC under Sec 18(1)(f) and ask them to enquire into this matter as per powers vested in the CIC under Sec 18(2).

Please visit the CIC website and see the section "enquiries" where you will see the famous BHU case.

[jps50]

In addition to what Shri Karira has suggested, he can also ask through RTI for file notings/process note etc which resulted in transfer. A writ can also be filed in SC complaining of violation of its directives. Normally serving employees should ask third person or distant relative [preferably in another state] to file RTI application for such sensitive matters, by providing guidance and info to him. V have to be tit 4 tat!!

[bahl_ajay]

Originally Posted by jps50

In addition to what Shri Karira has suggested, he can also ask through RTI for file notings/process note etc which resulted in transfer. A writ can also be filed in SC complaining of violation of its directives. Normally serving employees should ask third person or distant relative [preferably in another state] to file RTI application for such sensitive matters, by providing guidance and info to him. V have to be tit 4 tat!!

I also met a similar treatment when I was on deputation and was transferred from one department to another for seeking info under the RTI Act and then repatriated back to my parent cadre. The salary of 17 days due to me was withheld for nearly five months. on seeking details of file notings and letters relating to my transfer the department quoted Sec 8 saying that a some departmental enquiry on charges of official misconduct was pending against the individual they can not provide the details.

The AA has also failed to provide any information or details of the so called enquiry or any memo/chargesheet being given. All that the department has to say is that the individual was verbally reprimanded on a number of occassions.

The case is with CIC for hearing which may come up in another 3-4 months a long wait.

There is nothing much that can be done in these matters.

[adil85]

Nothing can be done in West Bengal.here a party which has no ethics rules the poorest of the poor people.They can expel their 40 years old comrade for Speaker Somnath Chatterji for acting constitutionally.As there is widespread corruption in West Bengal in ruling party and government officials,it is difficult to implement any law.Be it RTI or Motor vehicle laws or Indian penal code.All the postings on upper level are not efficiency posting.Those are in fact political postings.Appease the political bosses and achieve your target.This is slogan in West Bengal.adil

[jps50]

Sir, No point in blaming any one. Some one has to bell the cat. Journey of 1000 miles begins with first step. 60 year old mentality will take time to change. V have to keep on keeping on. I quote:
Never doubt that a small group of thoughtful committed citizens can change a nation; indeed, it's the only thing that ever has."-Dr. Margaret Mead

“The real swaraj will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused.” Mahatma Gandhi.

"First they ignore you. Then they laugh at you. Then they fight you. Then you win." ------GANDHI

[colnrkurup]

I fully agree with all the above views. Someone has to bell the cat. Do you want 'adil85' to bell ? Is he prepared for it ? All said and done, one has to reconcile with certain hard facts. No public authority or PIO would like to face an RTI application. It defenitely will annoy them.

It need tremendous amount of courage, willingness to face the consequences and a determination to fight against the system. Indulge in such an attempt if one can sustain. Otherwise confine indulgence on RTI to solve one's own personal requirement only. Public servants planning to indulge in public interest activities through RTI should bear in mind that such activities will invite displeasure from superior officer. They should be prepared to forgo all gooddies and blessings of their superiors. Should not cribb when transferred to an unattractive post (Of course all such transfers will be in public interest), thorough scrutiny of all their activities by the superiors, a very very average ACR with no adverse recommendation etc etc.
If one has the strength to withstand such adverse cituation, please go ahead to bell the cat.