Can a Government Employee Ask Question under RTI Act 2005?

Can a Government Employee Ask Question under RTI Act 2005?
Can a Government Employee Ask Question under RTI Act 2005?

“I request all to kindly suggest that whether in service government employee ask the information under rti act from his employer or not.”

“It becomes difficult for a serving employee to seek Information from his own department under RTI Act-2005.”

“I am serving in indian air force, and at present posted in some unit of western air command. I wanted to know that am i eligible to ask some information from indian air force at unit level? If not all then what kind of information i can get and to whom i will have to approach for this?”

These are many question which a Government employee as: Can a Government Employee Ask Question under RTI Act 2005?

The answer to it is ‘YES’. Section 3 of the RTI Act 2005 reads as “Section 3. …all citizens shall have the right to information.” An employee of the government of India is first and foremost a citizen of India and as such he has every right to seek information under the RTI Act. As per section 3, all citizens have the right to information, irrespective of their profession (Doctor, Engineer, Govt. servant, worker, laborer, housewife, unemployed etc) as well irrespective of their designation (junior, senior, no designation etc) of a citizen. Therefore profession, designation etc are irrelevant while obtaining information under the RTI Act, and the only qualification that is required is that a person needs to be a citizen of India.

A “Citizen” under the Constitution Part II that deals with “citizenship” can only be a natural born person and it does not even by implication include a legal or a juristic person. Section 2(f) of the Citizenship Act defines a person as under:

“person” does not include a company, an association or a body of individuals whether incorporated or not.”

The objective of the Right to Information Act is to secure access to information to all citizens in order to promote transparency and accountability. The Act specifically confers the right of information on all “citizens” and not on all “persons”.

The biggest users of RTI are Government employees: Kejariwal“. Eighty per cent of applications filed before the CIC are from Government officials, either serving or retired, once said the Central Information Commissioner.

  1. http://www.rtiindia.org/forum/83017-rti-question-can-inservice-government-employee-ask-information-under-rti-act-his-employer-not.html
  2. http://www.rtiindia.org/forum/70001-rti-question-can-govt-employee-use-rti-aganist-his-superior-officer.html
  3. http://www.rtiindia.org/forum/87256-rti-question-rti-can-used-government-employees-not.html
  4. http://www.rtiindia.org/forum/53367-rti-question-who-can-seek-information-under-rti-can-individual-seek-information-company.html
  5. http://www.rtiindia.org/forum/102861-filing-rti-public-servant-his-her-own-dept.html

You may like to read the Gujarat High Court Decision available at our download segment here! If you come across more decisions on the above, kindly let us know. We would be happy to include it in our article.

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  1. You can ask or not is different story, it is always better you can ask rti query on name of your brother sister wife and dont show anywhere your name. Chances are they will harras you by some or other means. Better ask thru some one else. If something goes wrong no one will protect you and defece services are only bothered about moral of officers serving in defence establishment no one is bother about jawans lower rank staff.

  2. What kind of protection a govt employee should get againt harassment/illtreatment by his/her dept if ask info under rti act

  3. there are chances of harassment by your deptt or organisation if you directly ask some information under rti act, better you ask same thru your brother /sister/ wife’s name.