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Showing content with the highest reputation since 10/23/2018 in Files

  1. 2 points

    Version 1.0.0

    262 downloads

    The Service book of Government employee can be disclosed under Right to Information Act 2005 With the recent decision of Central Information Commission Service book of Government Employee can be disclosed under Right to Information Act 2005. This means a third party can have access to most of the information about the employee career including disciplinary action, his leave, place of posting etc. A Service book of Government Employee is maintained for every employee from the date of his first appointment. Every step in official life is recorded in it. All the pensionary benefits are sanctioned mainly on the basis of entries in the Service Book. Hence, it plays a prominent role in the timely settlement of pension cases and proper maintenance of Service Book eliminate delay in sanctioning and payment of pensionary benefits. The Service book of Government Employee consists of 2 volumes. VOLUME-I: Volume I of the Service Book is meant for recording the bio-data of the employees and various events of his service. VOLUME-II: The purpose of Volume-II of the Service Book is to place different types of nominees, declarations, pay fixation memos etc. The Service book of Government Employee contains following information of an employee Appointment and joining.Grant of increment or withholding of increment.Grant of Selection Grade.The crossing of efficiency bar.Fixation of pay.Grant of leave.Deputation/ transfer suspension or interruption in service along with details of the period thereof.Reinstatement.ResignationTermination of service along with its reasons.Promotion.Compulsory / Premature/ Voluntary Retirement.Removal or dismissal from service.Reversion.Reduction in rank or pay along with the precise reasons thereof viz. Whether reduction is on account of inefficiency or reduction in establishment or abolition of the post held by the employee.Retirement on superannuation. The Central Information Commission has decided an appeal on Service book of Government Employee with following directions: The Commission holds that service details of Public servants available in the service book cannot be treated as personal information. (File No: CIC/AD/A/2011/000014)
  2. 1 point

    Version KHANAPURAM GANDAIAH v. Officers

    49 downloads

    The Hon’ble Supreme Court of India in Khanapuram Gandaiah Vs. Administrative Officer and Ors. Special Leave Petition (Civil) No.34868 OF 2009 (Decided on January 4, 2010) had held as under: 6. “....Under the RTI Act “information” is defined under Section 2(f) which provides: “information” means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.” This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed.” 7. “....the Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the “public authority” under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor could he have had access to this information and Respondent No. 4 was not obliged to give any reasons as to why he had taken such a decision in the matter which was before him.”
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