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karira

Leave record of public servant disclosable under RTI

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Prasad GLN

If I remember, in the past there was a decision and discussion about this topic, that leave particulars of a Bank officer are not disclosable by CIC. Am I mistaken ?

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Prasad GLN

Then kindly merge the posts for clarity.

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karira
Then kindly merge the posts for clarity.

 

There wont be clarity....in fact there will be confusion .... because both the decisions are contrary to each other !

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madhulotheti

Hon'ble Sir,

 

Here, both the DECISIONS were passed by the same Information Commissioner: Shri *Sharat*Sabharwal.

 

The decision dated 18.06.2014, is in favour to furnish the Leave Record, and

the decision dated 26.06.2014, is against to furnish the leave record with a rider just to provide the particulars of leave period bu not the copy of the leave application.

 

As far as judicial precedents are concerned, the latest decision or the larger bench decision shall prevail.

 

There is chance that: PIOs' may deny information to the applicants by rely on the latest decision of the CIC.

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Prasad GLN

As per the law, the decision taking authority has discretion to accept any decision he likes.

This problem is making waves in CP Act at NCDRC

In one case of Dr.Thirumalarao, bench ruled that RTI Applicant is a consumer,

In another case, Mr. Pundalika subsequently another bench ruled that RTI Applicant is not a consumer,

Both benches are having same number of members in the bench.

Dr.Thirumalarao's decision was not over ruled,

Subsequent to Pundalika decision, though Dr.Thirumalarao's decision is not over ruled, NCDRC dismissed all cases citing Pundalika Case.

Now when a constitutional validity was raised on number of members in the bench for overruling Dr.Thirmala Rao judgment, on 4th Aug, 2014, full bench is going to hear arguments.

(Some say that even present bench strength is not competent, but NCDRC knows more than that and petitioners are mustering their resources to get back the lost right)

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jps50

When there are contradictory decisions of same or different ICs, the matter should be reviewed by larger bench of CIC. Some one can move CIC on the ground of error apparent on the face of decisions.

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