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Kapil Dheer

Denial to RTI based upon no records available

Question

Kapil Dheer

Dear members, 

My sister had filed an rti at labour department for sharing the service records, graduity, pf & salary certificates of a private school she worked. School had earlier denied giving her the records. 

The PIO denied supplying the information stating that they can supply only the information present in their records. Can't generate a new piece of information. 

The FAA also repeated the PIO response. 

We now intend to appeal in CIC for the needed information. So I request fellow members to share some CIC verdicts which could have asked a department, preferably Labour to arrange for records from a private organisation of its employee. 

Information is related to self so first party and a private firm coming under jurisdiction & abide the rules of Labour deptt. 

Best Regards, 

Kapil

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3 answers to this question

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Prasad GLN
Posted (edited)

Go through DOPT directives, and as per DOPT directives a PIO can only provide that record which is available in his custody in material form and he is not expected to collect and collate information because a citizen has asked.  There may be some decisions by great stalwarts like Hon.IC Sridhar Acharya, who goes beyond RTI Act and orders for such providing of information.

If she wants a record of her own, the simple way is issuing a legal notice to school and then making a complaint to DEO in writing and then following the advice of advocate.

You can also try by filing application to the Board / DEO seeking information seeking for such orders/notifications/circulars/directives that state about the procedure to be followed on relieving a regular employee in private schools, which will be helpful for further footing.

Edited by Prasad GLN
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Kapil Dheer

@Prasad GLN DEO?? What's that

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Prasad GLN

District Educational officer who controls the functions of all educational institutions upto secondary level in a District.  Further she can make a written complaint to Teacher's association, as such associations are most powerful.

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