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Thread: Information regarding disciplinary Proceedings not to be disclosed.

  1. Information regarding disciplinary Proceedings not to be disclosed.


    On the basis of alleged misconduct under the Service Rules, disciplinary proceedings against the appellant have been initiated. In this backdrop, the
    appellant asked for certain document.

    In all such matters of disciplinary proceedings, an opportunity for effective
    defence is provided to the charged employees. There is, therefore, no public
    interest u/s 8(1)(j) of the Act, in disclosure of information sought.


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  2. #2

    Re: Information regarding disciplinary Proceedings not to be disclosed.


    This appears strange. To my mind, if one in public service is facing disciplinary proceedings under false/malicious/concocted charges, such proceedings/impending action affects his functioning in public office, and therefore there is a clear public interest involved in disclosure of the matter. Comments from honourable members are invited.

  3. #3

    Re: Information regarding disciplinary Proceedings not to be disclosed.


    While I concur with Mr. Jetley, I wish to further place it on record that a charged officer is an affected party and he has all the more reasons to seek the information/records/documents to prove his case. Just because at the departmental level s/he is given an opportunity, that does not take away his/her right to seeking information. If the department has claimed that the information is not available, then the moot point is what information is sought. If the information sought pertains to the reasons for being charge sheeted, then section 4(1)(d) provides that the same be furnished. The PIO cannot take recourse to reason not being recorded. I disagree with IC MMA who has ruled that no public interest is involved and his recourse to section 8 is also faulty. By passing such orders IC has grossly erred and has taken away the fundamental right of the charged officer. One does not know whether the officer has been charged rightly or wrongly or out animosity. But once a government officer is charged for some wrong doing, the matter is suo motu in public domain. Let RTI be saved from the likes of MMA. Happy information seeking.
    Ketan Modi
    Bapu

  4. #4
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    C J Karira
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    Re: Information regarding disciplinary Proceedings not to be disclosed.



    jetley and Ketan,

    The last post in this thread was in 2007.
    After this, several orders regarding disclosure of such information is available.
    Twitter: @cjkarira

  5. #5

    Re: Information regarding disciplinary Proceedings not to be disclosed.


    is it justified to hide information by taking advantage "there is no public interest" did respected members remember that how many ghost employees working in MCD Delhi as per reports in news papers their are about 60000 (sixty thousand) ghost employees working in MCD is it in public interest to hide information about such employees ........



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