information pertaining to details of all employees of an organisation

[sunil sri]

Dear all,

Please let me know the provisions under which Public Information Officer can deny to transmit the information regarding details of all employees working in his organisation.

In my opinion, since it is a matter of public interest, the same can be provided.

[kushal]

Can you be more specific in the question? Normally the information is available with the public domain, however, it depends upon the individual case. For example asking for information about LTC detail of the Government Servant is allowed, with some limitation to personal details.

[sunil sri]

kushal,

I meant to say 'information relating to No. of personnel employed, date of employment and their designation etc'

[kushal]

This is a notified document and it should invariably be available.

[maneesh]

Under RTI the details of person working in an organization are required to be notified.
Under Section 4 (1) (b) (ix) & (x)

(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
The Public Authority has to notify the above. The emoluments may be notified by designation.

In my understanding one need not pay ant fee for this information as this is part of the Act itself.

[sunil sri]

Maneesh

Thanks for your comments. However, in my opinion once the things has been notified in terms of Section 4 of RTI, no need of writing an application under RTI to seek information.

[karira]

Sunil,
I had a similar case experience earlier.
I had to use a application under the RTI Act to make the department disclose what was required by Section 4. People in some departments have to be woken up.

[maneesh]

It will take some time for the people in Govt department to wake up and notice the change.
But a genuine RTI query goes a long way than only making available the information.
It also teaches the concerned office about the RTI.

[sunil sri]

Good Work Karira

[nile0611]

One of my friend asked for the caste certificate of his college, the same was denied by administration saying that it is a personal information.
1) is administration is right or he has to appeal for the same.

[ganpat1956]

Nile,did your friend asked for the details of caste certificate pertaining to himself or somebody else? Please specify.

[sunil sri]

nile

I am not agree with the reply given to you by the public authority. In my view they can have shelter of Section 7(9) of the RTI Act for some time but they have to provide information.

[nile0611]

Ganpat
my friend has asked for the details of caste certificate pertaining to somebody else

[maneesh]

Section 8 (e)
provides for exemption from disclosure of information.

information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;



Does the CPIO has cited this section in the rejection?

[mpai]

Originally Posted by maneesh

Section 8 (e)
provides for exemption from disclosure of information.


Does the CPIO has cited this section in the rejection?

Maneesh, I doubt if the PIO has taken shelter under this clause. However, he still cannot take shelter under this clause as the applicant has asked for Caste Certificate of a particular employee. This is a public document as its issued by a distinguished authority and wouldnt fall under personal document.

Though there is no need for the applicant to give any reason, he can always claim that he fears that the caste certificate could be fake etc. and want to check it out. Further, caste certificate also play a role in promotion and transfers of employees. In there case there should be a certain amount of fair play, which the CIC in many cases ruled against the excemption and allowed the disclosure.

So inspection and if required attested photocopy of caste certificate can be allowed.

[A KRISHNAKUMAR]

Originally Posted by sunil sri

kushal,

I meant to say 'information relating to No. of personnel employed, date of employment and their designation etc'

this is obligatory part of any organisation under sec 4(b) of RTI ACT 2005.
you must be provided this sort of information. If not you can approach the commission to take disciplinary action against the PIO concerned.

[karira]

Krishnakumar,

The RTI Act provides for Penalty under Sec 20(1) and Disciplinary Action under Sec 20(2) against the PIO for various reasons listed therein.

The PIO is not responsible for not implementing Sec 4 in a PA. He is only responsible for not providing information when asked about it. He will coolly reply "the information asked is not available on record".

As per my understanding it is only the Administrative Head of a PA who is responsible for implementing Sec 4.

And, as all of us know, there is no provision in the RTI Act for penalising or taking disciplinary action against the administrative head.

[jps50]

Head of PA can be penalised by CIC/SIC by recommending to govt to initiate disciplinary or administrative action against Head for defying law passed by the parliament. Every PA has to mandatorily comply with section 4.1.b.IC can even order compensation to be paid to the complainant from salary of Head for non-availability of info under 4.1.b. IC can order diclosure under 4.1.b within 15 days.