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Old 07-12-2009, 02:16 AM
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SomeGuy SomeGuy is offline
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Re: Help needed to file first appeal


Dear Anil Kumar Aggarwal,

While many members of this forum are of the belief that section 4(1)(d) imposes a requirement on the PIO/PA to respond to questions asking for 'reasons' in RTI applications, I am unsure if too many Information Commissioners take a similar view. In fact, there is a decision of the Goa bench of Bombay High Court (gleefully distributed everywhere by the DoPT) that takes the view that 'reasons' and 'explanations' are not Information, as defined by the RTI Act. See this thread: Justifications not part of info under RTI: HC for some details.

It might still be worthwhile to pursue appeals in your current application all the way to the CIC, but you should weigh your chances before choosing the wait and the effort.

Instead, why don't you craft other RTI applications asking for service rules and regulations, especially those related to hiring and promotions. If you have co-workers who also started out as temporary employees, but were absorbed as permanent despite fewer years of service, ask for the rules in this regard, along with the dates of their employment, conversion to permanent, etc. Develop adequate evidence using RTI and then consider approaching labor/CAT or other appropriate tribunal with your grievance.

regards,
SomeGuy
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