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MANOJ B. PATEL

Commission directed respondent authority to frame policy to prevent misuse of RTI

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MANOJ B. PATEL

Appellant had sought information on 17 points. Commission observed; the 17 points questionnaire about the 14 colleagues of appellant is nothing but personal vengeance, besides being serious threat to the process of inquiry. Commission recommended the respondent authority to frame a policy to prevent such misuse of RTI against the inquiries/process of taking disciplinary action, questioning the misconduct and inquiring in to several other charges within reasonable time. The charged employees should necessarily appear before inquiry proceedings.

 

My question is; how CIC can direct that 'charged employees should necessarily appear before inquiry proceedings'?.

CIC_SA_A_2015_000531_M_158415.pdf

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Prasad GLN

This is a general trend at all Information Commissions, that those insiders/employees within organisation that are charged and facing inquiry proceedings are never treated with kid's glove by ICs. May be they are right as no kind of indiscipline can be tolerated at work places particularly at Hospitals.

Coming to Hon IC's directions to Appellant to attend inquiry, directions to PIO to place RTI Application and appeals etc., are usual trait of Hon IC to go beyond RTI Act.

But surprising thing is that PIO has provided information. If the same thing is done within an organisation inquiry, higher authorities encourage one worker to another, so that they can reach in depth of irregularities still not noticed by them, as one worker brings evidence on another and the total irregularities come out. But Public Authority is a hospital, and they are not administrators that have that smart tactics that Police officials have.

 

Tomorrow, if Hon IC makes a criminal complaint against appellant to police stating that appellant is harassing Public Authorities asking them to inquire and submit a report to him....I will not be surprised.

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MANOJ B. PATEL

Commission can not direct respondent authority to frame policy to prevent misuse of RTI against the inquiries/process of taking disciplinary action, questioning the misconduct and inquiring in to several other charges within reasonable time. As per HC's judgment, the Commission also can not direct that charged employees should necessarily appear before inquiry proceedings.

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