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Thread: Departmental enquiry-information under the provisions of RTI

  1. departmental enquiry-information under the provisions of rtiact2oo5


    can a delequent employee ask the disciplinary authority or the inquiring authority any information under rti act any information or records for his defence,whether the charge sheeted employee can elicit any information regarding the correspondence made byhim with the disciplinary authority or the enquiry officer during the period of enquiry, even after the closure of the charge sheet.




  2. Dear Mr Murali Mohan, It appears that you have mixed three different questions in a single sentence. I will try to answer them separately.

    Quote Originally Posted by muralivmohan View Post
    can a delequent employee ask the disciplinary authority or the inquiring authority any information under rti act any information or records for his defence
    Under the general principles of natural justice which govern every departmental enquiry, the delinquent has a right to ask for any information or record for the purpose of defending himself. A simple letter to the enquiry officer giving the details of records sought is sufficient and there is no need to resort to the RTI Act. The enquiry officer usually obliges, for fear of the findings of enquiry being set aside by any court or tribunal on grounds of violation of the principles of natural justice.

    whether the charge sheeted employee can elicit any information regarding the correspondence made byhim with the disciplinary authority or the enquiry officer during the period of enquiry
    Here, I find the query very much generalised. It is not clear what sort of an information a delinquent wants to elicit form the DA or the EO in respect of his own correspondence.

    even after the closure of the charge sheet.
    A charge sheet gets closed either upon exoneration of an employee or in the event of a punishment being imposed on him. At that stage, the role of an enquiry officer and disciplinary authority ceases to exist in respect of this particular charge sheet and the stage moves to the appellate authority. If an employee aggrieved over the punishment wants to strengthen his appeal using some additional records/documents, he can very well make use of the RTI Act to seek such records.


  3. This thread can also be referred for understanding what Ganpat has said:

    https://www.rtiindia.org/forum/appeal...formation.html



  4. Thank you Kushal for the timely insertion of that link. It took me a second reading to realise the complete significance of this CIC decision.

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


    dear mohan,

    I think you can ask any information related to enquiry, complaints, decisions, note sheets etc.

    ra katkam.

  6. #6
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    Re: Departmental enquiry-information under the provisions of RTI


    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

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


    We submitted a complaint with some documentary evidence against a Govt. officer. One departmental enquiry was conducted . The Govt officer was given oppourtunity to defend him, but the complainant was not informed at all in course of enquiry. The Special Secretary, who conducted the enquiry accepted all views of the (corrupt) govt. officer , but did not consider any documents submitted by us . Thus the corrupt officer was exonerated from all charges . We got the enquiry report after submission of RTI application and thereafter raised many questions , but the SPIO of that Dept, sent the RTI application to the SPIO of another Department, and we received reply of all our queries in one sentence --" No record is available " and that too after 158 days of submission of the RTI application . The SPIO friendly SIC 'advised' the concerned SPIO ' please remember the time schedule of the RTI related matter in future.' A fresh application was submitted but even after 2nd appeal and reminders thereof , no response received either from SPIO or AA. The Secretary of State Information Commission once again advised them to 'provide their views/comments at the EARLIEST '
    And that corrupt Govt. officer had retired by this time !
    Would you please comment on this issue and suggest WHAT IS TO BE DONE .
    Last edited by abhijeet; 16-01-08 at 05:20 AM.

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


    One point I had to add that we submitted many complaints/ RTI applications to the Vigilance Commission/ the concerned Govt. department, Public Grievance Cell, Personnel and Administrative Reforms Department and also to the Hon'ble Chief Minister. As per directive of CM's cell, that enquiry was conducted. (only to exonerate the accused from all charges)
    The SPIO of that Department sent that "enquiry report " at least 6 times in any RTI application wrt this issue. But did not clarified at all what was the reason of accepting all the views of that corrupt officer ignoring all documentary evidences submitted.

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