I request to all the members to kindly go through my case and give expert opinion on that whether I should file an RTI application or not. Its an humble request to all................
I have been working as a Stenographer in an Govt. Autonomous Organisation (fully self financed) under full control of Ministry of Education.
In the year 2005(at that time RTI was not in force) one departmental test for the post of P.A. was conducted by my office. Initially the skill test(shorthand & typing test) taken by an outsider instructor was got cancelled as some of the employees were taking coaching from that Instructor outside in his coaching institute. Hence on complaint of other employees the office had cancelled the test and again given a new date for the test from another Instructor for skill test.
The result was out and the very next day the interview was taken by Director(Academics). There were 03 posts to be filled up for P.A. and 08 candidates were selected for Interview. I was the third senior most employee among those selected for Interview. My skill test was best(through some source I got information that I secured top in skill test). My ACR were also quite good.
The result was out and 03 employees were selected for Post of P.A. excluding me and my next junior was selected overlooking my seniority, skill test performance and ACRs.
Later I got an information that one of the employee next junior to me was at that time doing MBA from IGNOU, Delhi and he opted the same Director(Academics) (who had taken Interview) as his GUIDE/INSTRUCTOR for doing his synopsis work (there is a written acceptance from that Director to IGNOU, Delhi agreeing him as GUIDE/Instructor of that employee).
My query is :
1. When the very first skill test was cancelled by the office under the pretext that no teacher-student relation should be there between Instructor or employees, then whether the Interview taken by Director(Academics) was null and void as he was also a GUIDE to my junior?
2. Is this not a clear case of discrimination by an officer who has given unwanted favour to an employee who was a student to him doing MBA under his guidance ?
3. Can I fight under RTI Act after a gap of 03 years as the incidence happned way back in the year 2005 ?
4. If yes, How should i fight my case as i have no perfect knowledge of RTI?
5. Kindly suggest any good RTI Advocate also.
Kindly give expert opinion on this whole matter as i have been very much fed up on this matter and feeling humilated all the time.
sir, at this point of time the RTI act cannot be invoked ; RTI act can be used only to get information and in this case all the information needed is already in your hands [namely, the unholy nexus between the guide and his student]. you should have objected to the posting and followed it up with a writ petition in Court staking your claim for the post and objecting to the malfeasance. the evidence of link between the MBA instructor and his student would have worked strongly in your favour. more than 2 years have passed since and i think the limitation period is over. i would like to hear from other members on this point.
RTI Act is helpful only in obtaining information. As brought out, you have all the information you need. In case you wish to persue your case by other legal means and you need copy of any documents, RTI Act can help you in obtaining copies of those documents.
well . Primerily RTI is an inforamtion tool .. Now what I suggest you can use this to get Justics for you .. see this govt policy of promotion and other is very UN- -understanding and even person Like KIREN BEDI has sufferer. BUT dont loose heart at least you can ask from the department about the file noting and other details during the lawful process and after getting information from the PIO if you can find discrepancy then you can move to the court for the justice..
sir, there can be no two opinions that rules have to be followed; generally they are followed but in all administrative matters, management is vested with a certain amount of discretion and using this discretion certain out -of -the rules actions are taken. In re:kiren bedi, her post is a discretionary post and the government has got the right to post anyone of their choice and it cannot be questioned. provisions for such discretion are provided in the rules itself.
RTI can help you to a certain extent in this case. It can help you to get the details that you may not be aware of now. These details are - whether the skill test is only a qualifying one or the marks obtained in the skill test are added to the marks in the interview; how marks are awarded in the interview; what are the marks obtained by all the candidates selected for interview, both in skill test and interview separately etc. These details will help you youself first of all to understand whether you were really discriminated against or not. If the details so obtained thro' the RTI suggest that there was some malpractice you can make a representation to reconsider the case. If you donot get remedy thro' such representation, you may seek legal remedy through CAT.
Dear Mr.SNK Moorthy,
You are absolutely correct. For appointment of higher posts the QR may be entirely different from what the common man or even the aggrieved think. I may say that it is purely descretionary. It may not be advisable to justify it openly. Ms Kiran Bedi may be an outstanding Officer; but her appointment for a particular post may not suit the political requirement. Government has to consider the larger public interest than personal interest of Ms.Bedi.