Harrasement for lodging RTI

[kiransusat]

Hi all members,
I am working in BSNL as JTO. Our company had undertaken departmental exam and to check whether papers were checked properly I had asked company some information under RTI, which was eventually denied to me saying I had asked the paper copy of other persons and it is their intellectual property (which in not returned to candidate anyway). As I had cleared exam , company had issied posting orders in which I have been posted to Jummu and Kashimr (HARD TENURE CIRCLE), citing the reason that I have less marks. But Cinsidering in SC category persons obtaing less marks have been posted to their own circles. Hence I want to know where can I file complaint or file petition, application for justice. previosuly also once I has transfred as asked the information about higers officers leaves and if they can avail those leaves by rules.

PLs help if u can do.
Ty in advace


Regards
Kiran

PS :if some one can post the sample petition I would be gr8tly thankful

[sivak64]

Kiran,
Kindly note that posting cannot be done based on the marks obtained in the departmental examination. You therefore, may ask the PIO the following information under RTI Act for taking further action.

1. Criteria prescribed for posting of employees;
2. List of candidates passed, marks obtained, place of post

If any one get lower marks and posted in nearby circle, you fight for rights.Simultaneously, you may file appeal to the appropriate appellant authority. Best of Luck.

[sandeepbaheti]

Has the PIO given in writing that information was refused because the information is their intellectual property? Immediately file a first appeal against this reply. Only information which is copyrighted is prevented from disclosure and to have a copyright you first need to get it registered.

[sidmis]

Hello Kiran,

You have two issues intermingled with each other. First you have some issues with your employer regarding posting and the second one is the obtaining information about the departmental examination.

If you feel that your posting to Kashmir is not appropriate and contravenes established rules then you may take this up with higher authorities. So make appropriate representation before the senior officials. You may get a favourable response to it. Your RTI application on the same may follow later.

File RTI applications only when you genuinely require information. Seeking copies of the Posting rules is one of them if the same is not already available publicly.

If you are being harassed for filing applications under RTI you can make a complaint before the Commission u/s 18 if you are confident of substantiating your allegation.

[sngupta]

hello Kiran,
Can you detail me whole case as I am also working in BSNL.

[karira]

Kiran,

1. Your answer copy (not others), marks obtained by all candidates, cut off marks for successful candidates, etc. have to be disclosed. Please see the following thread:

evaluated answer copies cannot be disclosed under RTI

2. Answer copies of other candidates will generally not be disclosed unless the exam is for a small group of people OR if you can prove some malafide intent/corruption/manipulation. In your case, you have already passed the exam so there is no point in pursuing that angle.

3. Your posts suggests that you feel that you have been given hardship posting because you filed a RTI Application. If you can prove that, then you can lodge a Complaint under Sec 18 with the CIC.

Please also read Sidmis post #4 above.

[kiransusat]

Originally Posted by sngupta

hello Kiran,
Can you detail me whole case as I am also working in BSNL.

.


I had passed a recent LDCE exam that was held by our company(BSNL).for promotion from JTO to SDE. I has cleared this exam but posted in J & K citing reason that I have scored less marks. but candidates scoring less marks have also been kept in their own circle. Moreover my one earlier application under rule 38 is also pending which is not considered this time also. Also after clearing examination i had given choice for circle allotment (voluntarily) as maharastra circle that too had not been considered.

[sngupta]

Originally Posted by kiransusat

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I have scored less marks. but candidates scoring less marks have also been kept in their own circle. Moreover my one earlier application under rule 38 is also pending which is not considered this time also. .

Hello Kiran,
If you have list of scores of other all recruitees. If you have joined in J & K or not. Definately we may be victimised to use RTI so we must prepare for that but if we intelligently handling the problems we may overcome the situation.

[rajub]

Originally Posted by kiransusat

............ As I had cleared exam , company had issied posting orders in which I have been posted to Jummu and Kashimr (HARD TENURE CIRCLE), citing the reason that I have less marks. But Cinsidering in SC category persons obtaing less marks have been posted to their own circles.......

I analyse your case in the following manner.

1] You passed promotion examination and some other candidates got marks less than you but you have been posted in HARD TENURE CIRCLE with the given reason of scoring less marks.

2] Prima facie it is a case of victimization.

3] But victimization has to be proved beyond doubt.

4] In your case even if victimization is proved and CIC agrees with it, it will take almost two years for the redressal. Till then you will have to suffer at HARD TENURE CIRCLE.

5] If you have still not joined the HARD TENURE CIRCLE posting you may get stay from the High Court. But you must have strong documentary evidence for victimization. Normally courts do not interfere in transfer and postings unless very strong case of victimization is made out.

[taurus]

Posting to a hard station cannot per se be considered as victimisation. Mala fide has to be proved. It can be proved by pointing out that you got an adverse differential treatment, vis -a -vis other successful candidates, just because you filed an application under RTI.

[vijendra singh]

If wrong replies of the authorities can be voice recorded by u ; that can prove deptt's malafides.