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Tribhuwan

How to fight against victimisation for using RTI

Question

Tribhuwan

Hellow everybody,

I have attended to Central Information Commission,New Delhi for my appeal against the Indian Red Cross Society on last month.My wife is an employee of this organisation and has been transfered to current place only one year back.It was me only who sought some informations regarding some details about the society's activities in the past period.The Information Commissioner has made decisions to PIO for showing and providing the necessary details desired by me in due course,if needed.But to my surprise,The Director of Indian Red Cross Society,New Delhi(who is PIO as well) has issued a transfer order of my wife to a very distant place(almost 350 Kms away) from her current posting place which is simply a case of victimization for using RTI by her husband.My wife has been doing her duty with utmost compliance to her job and never been issued any dis satisfaction notice from her office or Head Quarter in her career so far.

 

I therefore request to let me know, how I can overcome to fight against this unjustice/victimization done by Indian Red Cross Society's Head Quarter.I'ii be obliged to get response at an earliest please.

 

Regards

Tribhuwan

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colnrkurup

It does not need much intelligence for anyone of ordinary prudence to know the reasons for your seeking the information. To be frank, now you can only worsen the cituation. Basically, the official version is that transfer is not a punishment but only a normal routine unavoidable administrative requirement. By the by, did you or your wife or anyone else gained anything with the information you have sought other than your wife settling score ? Otherwise please tell me as to what interest you have in probing the activities of the Indian Red Cross Society ? It cannot be a grave public interest issue taking over-riding precedence over all prevailing public interest issues.

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sngupta

Mr. Tribhuwan,

Anyone fighting for transparency and accountability must ready to face victimization. What it is happen with you is not new. I am also recently transferred due to using RTI. If you want to fight against this victimization you may ask the transfer policy of Red Cross Society. If ther is no policy you may complain against arbitrary work of Red cross society. If there is policy you may check whether your wife comes in the purview of transfer policy. If it is not as per transfer policy it may be challenged in High court.

"We must live with happiness in every life style"

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Tribhuwan
Mr. Tribhuwan,

Anyone fighting for transparency and accountability must ready to face victimization. What it is happen with you is not new. I am also recently transferred due to using RTI. If you want to fight against this victimization you may ask the transfer policy of Red Cross Society. If ther is no policy you may complain against arbitrary work of Red cross society. If there is policy you may check whether your wife comes in the purview of transfer policy. If it is not as per transfer policy it may be challenged in High court.

"We must live with happiness in every life style"

Thanks a lot Mr.Gupta for useful and encouraging information to seek Departmental Transfer Policy.But if they do'nt have any such policy,then to whom and where should I complain against arbitrary work of Red Cross Society ?

Regards.

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sngupta
But if they do'nt have any such policy,then to whom and where should I complain against arbitrary work of Red Cross Society ?

You may ask for Disclosures as per section 4 of RTI Act 2005. You please go through section 4 of RTI Act 2005 in which so many things available and public authority is bounded to disclose the policy of every action.

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jps50

If you think that your wife has been wronged by the employer because of your RTI appln, then U can file a complaint with CIC u/s 18 of RTI Act. Any act which restricts directly or tacitly your fundamental right {RTI} can be redressed by CIC.

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mauryavip

From the very start of the RTI and even before that, the Information Seeker Government Officials have been victimized by the Authorities. There is nothing new in that. They are the easiest HUNT for the Authorities. I think that all these Information Seeker Victimized Government Officials should come on one platform and fight with the rotten system unitedly.

I'd say that there should be a change in the Transfer Policy's line "that it is only a normal routine unavoidable administrative requirement" as Mr. Kurup say. The opaque nature of Goverment Offices Transfer Policies help the authorities victimies the officials. In other words the Transfer Policies are designed to victimise the officials only. Thats it.

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sngupta
I think that all these Information Seeker Victimized Government Officials should come on one platform and fight with the rotten system unitedly.
Mr. Mauryavip Ji, I am preparing an organization to fight with rotten system. Anyone want to be united may join the community/group "Activists for transparency and accountability" on RTI india.

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priyankaTyagi

Mr. Gupta,

Can you please more details or some link of the "Activists for transparency and accountability" ?

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nk agarwal

All said and done, the question posed by Mr. Tribhuwan has remained unanswered.

What options are available to a person post RTI use victimization. A few days back, Dr. Faiyazuddin asked why people are afraid of using RTI against police. The reasons are same, the various public authorities have a feudal mind - a talibani mind, post independence era and "making of Republic" could not free us from this mindset. How many of us keep in mind the opening lines of the Preamble of our Constitution while performing work in "public interest".

Why an applicant for information has to use RTI to seek information and if he uses it, he has to convince the Public Authority that his giving the information would serve a larger public interest than his holding the information from him.

And the information is to be sought from his/her department, the added fear of victimization.

Any way, coming to Mr. Tribhuwan's predicament, What remedy options are available with him under RTI ACt-2005, other than his wife going to CAT or appropriate court. Transfers can be challenged under the law, thought such cases often are weak, unless the transfer is done on "other reasons".

The bottom line is some people would have to “lay their rights” to pave way for a better India, and the RTI user contribute in making India a better country by his small efforts.

For injustice one has to knock doors of the available courts of law.

My advice to all RTI users is to have patience and perseverance while using RTI.

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nk agarwal

All said and done, the question posed by Mr. Tribhuwan has remained unanswered.

What options are available to a person post RTI use victimization. A few days back, Dr. Faiyazuddin asked why people are afraid of using RTI against police. The reasons are same, the various public authorities have a feudal mind - a talibani mind, post independence era and "making of Republic" could not free us from this mindset. How many of us keep in mind the opening lines of the Preamble of our Constitution while performing work in "public interest".

Why an applicant for information has to use RTI to seek information and if he uses it, he has to convince the Public Authority that his giving the information would serve a larger public interest than his holding the information from him.

And the information is to be sought from his/her department, the added fear of victimization.

Any way, coming to Mr. Tribhuwan's predicament, What remedy options are available with him under RTI ACt-2005, other than his wife going to CAT or appropriate court. Transfers can be challenged under the law, thought such cases often are weak, unless the transfer is done on "other reasons".

The bottom line is some people would have to “lay their rights” to pave way for a better India, and the RTI user contribute in making India a better country by his small efforts.

For injustice one has to knock doors of the available courts of law.

My advice to all RTI users is to have patience and perseverance while using RTI.

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vikrambakshi67

1 Whistle Blower Protection 2006 Bill is there. Search google for it and send it to Red cross

 

 

2 Section 21 of RTI Act 2005. No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act. Even writ petitions are excluded in the given language of this law. Or no express provision in the act for writs, because writ is also by an application/petition/proceeding through any, High or Supreme court.

 

 

3 Contact TI United Nations Convention against Corruption (UNCAC) The UNCAC came into force in December 2005. One hundred forty nations have signed, of whom 93 have ratified. Three UNCAC provisions address whistleblower protection:

 

 

(aa) Article 8: Codes of Conduct for public officials.. Each State Party [ratifying nation] shall also consider, in accordance with the fundamental principles of its domestic law, establishing measures and systems to facilitate the reporting by public officials of acts of corruption to appropriate authorities, when such acts come to their notice in the performance of their functions.

 

(ab) Article 13: Reporting channels. Each State Party shall take appropriate measures to ensure that the relevant anti-corruption bodies referred to in this Convention are known to the public and shall provide access to such bodies, where appropriate, for the reporting, including anonymously, of any incidents that may be considered to constitute an offence established in accordance with this Convention.

 

 

(ac) Article 33: Protection of reporting persons Each State Party shall consider incorporating into its domestic legal system appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with this Convention.

 

Transparency International's work wrt UNCAC .TI monitors how nations implement their legal obligations under the UNCAC. TI has also developed recommendations on development of a UNCAC monitoring mechanism

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