The employer cannot blacklist employee even if the agreement contained a clause giving authority to do so, because the power need to be exercised based on some reason, which has to be established in an inquiry, rules CIC. If you have any question regarding RTI head straight to our forums and post. The direct link to forum is here: Ask for RTI Query! And why don’t you take our small RTI Quiz here!
Delhi Transport Corporation terminated Sh. Atoul Rastogi from service and was also blacklisted. He questioned under what authority, the Respondents blacklisted him under RTI Act 2005. He claimed that he had submitted his resignation to the Depot Manager. The Respondent refuted by stating that no resignation letter was submitted by the Appellant. (Please read the guide here to file RTI Online)
Blacklisting of contractor before inquiry
To the query of the Commission as to how they could blacklist an employee without conducting a proper enquiry, the Respondent answered that the clause 14 of the agreement provided them the power to blacklist a contract worker. The Commission directs the PIO to explain whether any enquiry was conducted before blacklisting and termination.
The Commission also directs the PIO to provide the copy of the rules which entitle the employer to terminate an employee instead of accepting his Resignation and to provide complete documents relating to the blacklisting of the Appellant including his termination.
Citation: Sh. Atoul Rastogi Vs Delhi Transport Corporation, Case number: CIC/AD/A/2013/001513SA dated 16.07.2014
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