Question: Rti & personal file

[r_macharya]

Can employee have the right to get copy of his personal file maintained by the employer?

Similar Threads which you may be interested into:

• Question: personal grievances under RTI
• Why to appear personal hearing
• Need Help: Personal matter
• Question: withhelding the file noting of file
• Personal File of Govt. Servants

[karira]

Sponsorer

Who is the employer - is it a Government Office or a Government organisatio or a private employer ?

[smbhappy]

If you are/were working with a Public Authority as per RTI Act 2005, - You Can.

The Public Authority is defined in Secton 2(h) under Acts is:

Section 2(h) "public authority" means any authority or body or institution of self- government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government,
and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organisation substantially financed,
directly or indirectly by funds provided by the appropriate Government;

[r_macharya]

nO DOUBT THE EMPLOYER IS A GOVT. ORGANISATION COMMING VERYMUCH UNDER THE AMBIT OF rti. i WANTED TO KNOW IS THE PERSONAL FILE IS NOT A CONFIDENTIAL DOCUMENT? IS IT NOT EXEMPTED FROM DISCLOSURE. i SHALL BE GLAD IF REPLY IS SUPPORTED WITH THE PROVISION OF ACT OR ANY CASE LAW.

[karira]

What does the personal file contain ?

Most information in the personal file is disclosable unless it relates to things like - his criminal record (in personal life only, not official life), his religious and political beliefs, his health history, his sexual preferences, etc.

Even if there are parts in the Personal File which relate to above, the PIO can apply severability under Sec 10 and disclose balance of the information contained in the file.