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Thread: Departmental enquiry-information under the provisions of RTI

  1. #9
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    Col NR Kurup (Retd)
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    Re: Departmental enquiry-information under the provisions of RTI


    Dear abhijeet,
    This is exactly the way things are happening everywhere. In this particular case, it is stage managed by the vested interest allowing the particular delinquent public servant to retire scot free. Honestly speaking, I don't think that in the present system you me and RTI Act will be able to do much in this case unless you clarify as to what do you mean by "WE SUBMITTED". What is the role this "WE" in the system other than "A LAW ABIDING CITYZEN OF INDIA".

    Since your reporting appears as done in your capacity as a law abiding cityzen only, your duties and responsibilities ends when you had reported this to the appropriate authority. He has taken action as he deemed fit. You are not part of his admin istrative set up and naturally there is absolutely no requirement on him to report its progress unless you are holding a posdition warranting such reporting.

    Of cource you can keep on persuing the case using RTIAct as to "Action taken by the Authorities etc" and keep on chasing. If you have the patient, something is bound to emerge in the process and with that information you can approach the higher authorities. It will be a long drawn process.



  2. Re: Departmental enquiry-information under the provisions of RTI


    Mr.Murali Mohan, you can certainly ask for any record for the sake of your defense. No enquiry officer would deny if asked in writing. if the enquiry is closed and orders passed, you may apply to the appellate authority and ask for records for your defense. please remember, the principle of natural justice [audi alteram partem] requires that the defendant is given every opportunity to defend himself against the charges made against him. in case you do not get materials from the appellate authority, then you have a strong reason to go the Court.

  3. Re: Departmental enquiry-information under the provisions of RTI


    Why Not Prefer A Pil. Even After Retirement, Govt Officer Can Be Punished For His Wrong Acts During Service.

  4. #12

    Re: Departmental enquiry-information under the provisions of RTI



    Quote Originally Posted by karira View Post
    Here is a new decision (9 January 2008) by the CIC allowing disclosure of documents in relation to the Departmental Enquiry:

    https://cic.gov.in/CIC-Orders/Decision_09012008_02.pdf

    hello
    U have lovely collections.Please keep me enlightened as I am a junior lawyer and trying to equip myself with employees friendly laws.U know they are ill paid people and can not afford fee hence if RTI works instead of Writ petitions then what is harm? Job or desired result can be obtained in just 10 rupees.It is an employee who can set the system right if he is not frustrated from the system an employee may give more what his superiors give to society.An employee is the machinery of the superiors and as such he should work mentally free.Victimisation should be avoided to harass him otherwise he would reflect the same in his job causing harassment to general public.
    adil

  5. Re: Departmental enquiry-information under the provisions of RTI


    Quote Originally Posted by adil85 View Post
    hello
    U have lovely collections.Please keep me enlightened as I am a junior lawyer and trying to equip myself with employees friendly laws.U know they are ill paid people and can not afford fee hence if RTI works instead of Writ petitions then what is harm? .........
    Hi adil,

    RTI may not be a panacea for ills of all employees. At best you can get only information available on record and that too from govt or govt funded organisations. Sometimes you may be required to go in for a PIL or a Writ to achieve the desired result after collecting the necessary info through RTI.

    By the way, I would not like to call the organised employees of govt & PSUs as ill paid. I am myself one among them and I also know the prevailing situation in the unorganised private sector very well. It is only those in the private sector who can neither take recourse to RTI nor can they afford a writ.

    I am happy that we have a budding lawyer among us. Please do participate actively in all the discussions.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  6. #14
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    Col NR Kurup (Retd)
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    Re: Departmental enquiry-information under the provisions of RTI


    Dear adil,
    Like Mr.Ganapathi has pointed out, government and public sector employees are not at all under-paid when compared to their productive output. An employee who is at the verge of litigation, writ petetion and PIL against his employer may not be at the right track. For a straight forward, hard working honest employee I don't think there is much problem in getting the information he need by walking into the Administrative wing of his office. When he want to dig only the problem comes.

  7. Re: Departmental enquiry-information under the provisions of RTI


    As already explained by me, I would like to have necessary views /comments whether the complainant has got the right of obtaining documentary evidences bythe help of which the corrupt officer had been exonerated . Please let me know.
    Last edited by abhijeet; 20-01-08 at 08:01 PM. Reason: correction

  8. #16

    Re: Departmental enquiry-information under the provisions of RTI


    I, believe yes.If the documents can be presented before court and copies of the same can be supplied to the accused,I do not find any reason why they can not be collected through RTI ACt.If some one refuses to show, he should also be taken as the accomplice under the influence of the SPIO.
    A government employee has nothing different from his superior officer so far normal living is concerned.Fooding,education of children,electricity and gas bills are almost same.Only the standard of living differs which costs an ordinary employee more.transportation charges are borne by the employee while his bosses avail the Government vehicles.In the state of Bengal and Punjab where people suffered due to partition of India, life for most of the migrant is still pathetic.They lost their houses in East Pakistan or West Punjab and till now have not been able to make their own shelter many could not marry their daughters against hefty Dowry. I am talking about the ordinary public servant and not about the bosses drawing salaries in lakhs.
    Let us motivate all of them for a small planned family with better education to their children and we should find out the way for a respectful living for them.Rti ,I am sure will be ably solve their problems as the employees are never given the proper information since the bosses take the RTI as a tool of assault and not as a piece of information.It hurts their ego to provide information to their juniors.Many circulars in Government order is not made known to the employees.For example I have not been able to find out the answer from the Government as to what should be the maximum hours of duty of a police personnel at a stretch? No one is able to answer quoting any rule or law.Can any one answer it with reference to any order or law on this issue?
    adl 85

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