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  1. Hello All, My wife works in Syndicate Bank, Trivandrum, Kerala Zone. I work in an IT company in bangalore. We've got a 10 months old baby, and my parents are taking care of our kid during weekdays. My baby is not crawling properly, always need someone's attention. Fortunately it was my parents took care since my wife started going to office for the last 3-4 months. As you know, being Asst. Manager, she used to reach home daily after 8 Only. Still we were happy that our kid is going good. All of sudden, my got transfer notice from Syndicate Bank zonal office, asking her to join Coimbatore (that to away from city) within one week. Is this a joke? How we will shift from home to a new place where everything is different (Climate, food, different language, need to find a new house for rent, need a servant etc etc.). I am really worried and do not know what to do. Hence requesting your suggestions or throughts. Please help me. Here are the options im thinking right now. 1. How we can cancel this transfer? Who is the right person whom can cancel the transfer? 2. As per circular Ministry (F.No.4/9/1/2014-IR) To accommodate as far as possible transfer of married female employee, on her request, at a place where her husband is stationed or as near as possible to that place. Same circular also available in syndicate bank officers association web site. http://sboa.org.in/downloads/circulars/2014/2014-SBOA-Cir-11-Final.pdf So as per circular, the transfer allotted to my wife is against the Govt. policy. Can we do anything on this? Please share your thoughts or suggestions. Thank You, KM.
  2. QUERY REGARDING MISLEADING EMPLOYEER My father was posted in Haryana CO-op sgar mills Rohtak , Haryana. He passed away on 04/02/2017 . According to ex-gratia policy the dependents are either provided a financial assistance of 5 lac or a job in the mills one grade lower than the deceased. Taking up with these , we wrote to the mills for providing employment to my mother as me being minor a=she was other other member of our family of two. The mills declined and asked us for employment again as they continuosly said "NO VACANCY FOR YOUR QUALIFICATION". Since then we have not heard from them. One very good freind of my father called us and told us that they have recently recruited employees for the same clerical post that my mother had applied for and she was declined the post.(that invisible post) As of now we havent directly got the information from mills but we have heard the same that they are intentionally ignoring you and recruiting other for the posts you are eligible for. Our visit of mills also made us clear that they do not want that employment to be provided to us. What procedure to follow? please clarify
  3. Quoting the Girish Deshpande judgment of the Apex Court, the CIC has ruled that caste certificates of individual employees, which they submitted at the time of recruitment, are deniable under RTI. It is fairly obvious that the caste and educational certificates of an employee are in the natureof personal information about a third party. The employee might have filed these documentsbefore the appointing authority for the purpose of seeking employment, but that is not reasonenough for this information to be brought in to the public domain to which anybody couldhave access. The Supreme Court in Girish Ramchandra Deshpande v. CIC & Ors., [sLP 27734 of 2012]has held, “13. … The performance of an employee/officer in an organization is primarily amatter between the employee and the employer and normally those aspects aregoverned by the service rules which fall under the expression “personalinformation”, the disclosure of which has no relationship to any public activity orpublic interest. On the other hand, the disclosure of which would causeunwarranted invasion of privacy of that individual. Of course, in a given case, ifthe Central Public Information Officer or the State Public Information Officer ofthe Appellate Authority is satisfied that the larger public interest justifies thedisclosure of such information, appropriate orders could be passed but thepetitioner cannot claim those details as a matter of right.” Keeping in view the above, we concur with the submissions of the CPIO that the informationis exempted from disclosure as no larger public interest is established.The appeals are disposed of accordingly. Full decision of the CIC is attached to this post. Caste certificates of Govt servants deniable under RTI.pdf
  4. [TABLE=width: 1302] [TR] [TD=class: auto-style9][/TD] [/TR] [TR] [TD=class: auto-style26]IUST denies info, SIC dismisses said order[/TD] [/TR] [TR] [TD=class: textmain1, align: justify] Srinagar, May 18: The Islamic University of Sciences and Technology (IUST) Awantipora has denied information to some information seekers who sought copies of foreign degree certificates obtained by some non teaching staff members of the university. The IUST authorities had invoked section 8 (1) (i) and claimed that information sought under RTI Act pertains to 3rd party information. As the case landed in State Information Commission (SIC), the SIC rejected the claim of IUST authorities and directed them to provide all the information within a time of 15 days. Read at:Early Times: Leading Newspaper Jammu Kashmir, Latest News about Jammu & Kashmir [/TD] [/TR] [/TABLE]
  5. Hello, The message title I have put forth above disturbs me very much. What can be done according to the Indian Law? Please let me know.
  6. Reported by Timesofindia.indiatimes.com on Feb 17, 2015 Supreme Court fixes 90-day limit for suspension of govt employees - The Times of India Protracted period of suspension of delinquent government employee has become a norm and such practice must be curbed, the Supreme Court on Monday said while fixing a period of ninety 90 days for authorities to complete proceedings against such an employee. The court said that an employee suffered ignominy and scorn of society due to prolonged period of suspension. "We, therefore, direct that the currency of a suspension order should not extend beyond three months ... if within this period the memorandum of charges/chargesheet is not served on the delinquent officeremployee," a bench headed by Justice Vikaramajit Sen said. It said suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must be of short duration. "If it is for an indeterminate period or if its renewal is not based on sound reasoning contemporaneously available on the record, this would render it punitive in nature," the bench said. "Protracted periods of suspension, repeated renewal thereof, have regrettably become the norm and not the exception that they ought to be. The suspended person suffering the ignominy of insinuations, the scorn of society and the derision of his department, has to endure this excruciation even before he is formally charged with some misdemeanour or offence," the bench said The court passed the order on a petition filed by defence estate officer Ajay Kumar Choudhary who was kept suspended for a long time.
  7. Hello, is there any employees in central government department class I and non gazatted
  8. 31 MC employees came under scanner in past 3 years CHANDIGARH: As many as 31 employees attached with various wings of the Chandigarh Municipal Corporation have been suspended and charge-sheeted in the past three years. The employees were slapped with departmental punishments for allegedly accepting bribes, procedural lapses, and violating the instructions of senior officials, among others. The revelations came through queries filed under the Right to Information (RTI) Act by 'The Times of India'. The maximum number of tainted employees (15 out of 31) were attached with the office of the Medical Officer of Health, Chandigarh. They were slapped with punishments for allegedly delaying official works and coming under CBI investigations. Six employees of the Fire and Emergency Services were suspended and charge-sheeted for not attending to their duty with a professional commitment. Four other charge-sheeted and suspended employees were attached with the Electrical Wing of the Municipal Corporation. A senior MC officer told ToI: "The departmental proceedings against almost all 31 employees are pending, and some of them were punished by stopping their annual increments. Four employees, including one class-II officer, have already challenged the decisions of the disciplinary authority." MC commissioner Vivek Pratap Singh said: "The fate of the tainted employees is reviewed from time to time by the officials concerned. I too review the status of suspended and charge-sheeted employees. The prime reason behind the pendency of departmental proceedings against the tainted employees is the filing of appeals by them." Read More: 31 MC employees came under scanner in past 3 years - The Times of India
  9. This article has been posted at our #LawSegment . To read the full article follow this link: Why there is no service book for 2.69 lakhs Government Employees? and to subscribe to our daily mailer follow this link Join our free Right to Information Newsletter. When an RTI applicant asked for the Service book of Postal Gramin Dak Sevaks (GDS) employees, he got the response that there is no service book maintained for the GDS employees. The CPIO informed that “no service book is maintained…Read more › The law segment is available here RTI INDIA - Invoking Your Rights Read the complete article here...
  10. Evaluating the nature of complaints received during his two-day visit to the city, Mr. Babu said performance of the department in addressing the people’s complaints under the RTI Act was poor. “During my visit, I found officials dozing at office, with many chairs empty. Even, the board displaying RTI-related information was stashed away near a trash can and there were no records of any RTI cases,” he said. Read more at: Errant revenue employees to face action - The Hindu
  11. Hello, I have filed a RTI application to Ministry of External Affairs seeking information of property of some Govt. employees but Ministry said it is exempted under Section 8(I) (j) of RTI Act. That information is very useful to me. please help me how can I get that information
  12. IC M. Sridhar Acharyulu has ruled that ALL information about an employee is "personal" information and deniable under RTI EXCEPT that information which is t be suo motu disclosed under Sec 4(1)(b). http://www.rti.india.gov.in/cic_decisions/CIC_AD_A_2013_001541-SA_M_135402.pdf Decision: 3. Heard the submissions made by the parties. The respondent authority has already provided to the appellant copies of promotion orders of the lecturers, etc.,. The Commission observes that except the information that can be disclosed under section 4(1)(b) of the RTI Act, all other information about the employees, would be personal information, which includes the service details, property returns, etc. The respondent authority is, therefore, directed to give only the information relating to the names of the lecturers working in the Aryabhat Polytechnic, along with their designations and pay scale, to the appellant within 15 days from the date of receipt of this order. 4. Appeal is disposed of accordingly.
  13. SIC no to making service books of 164 officers public The Madhya Pradesh State Information Commission has quashed the order of first appellate officer in which it was directed topublic information officer to provide free of charge information of service books of 164 officers and employees. Generally, the citizens make second (final) appeal to the Commission against appellate officer and public information officer. In a rare case, a public information officer lodges second appeal against the appellate officer.The Commission in its hearing by its commissioner Atmadeep accepted the appeal and rejected the order of the first appellate officer. The rejection of the order will lead to a stop on making personal information public of more than 150 officers and employees along with principal of Govt. Kamlaraja Girls PG Autonomous College, Gwalior. Read More: SIC no to making service books of 164 officers public - Free Press Journal
  14. NEW DELHI: The provisions of RTI Act apply on private schools also which are governed by a law such as the Delhi Education Act, the Central Information Commission has held. The case relates to an ex-employee of Jindal Public School who filed an RTI application with Directorate of Education seeking a certified copy of service book and other details from her past employer. The Directorate provided the information available with them but the school refused to furnish the reply saying RTI Act does not apply on it. information sought by its ex-employee, Information Commissioner Sridhar Acharyulu said the school is duty bound under sections four and eight of Delhi Education Act 1973 to abide by the regulatory conditions of service, payment of salaries as prescribed for which school has to maintain records which provide an "inherent and implied" right to information to their employees. Read more at: Provisions of RTI Act apply on private schools also: CIC - The Economic Times
  15. I would be grateful if you kindly provide me the guidance on the following points: 1. whether any employee working under the West Bengal Govt. wll have to submit an application directly or through proper channel from any of the government department under RTI Act for obtaining certain information ? Though section 22 of the RTI Act 2005 over rides all the other laws and rules while seeking information under the act but even then a clarification is needed in the interest of the service career of the employee. Kindly guide in the light of the prevailing laws under RTI Act 2005. 2. If an application is submitted to the state public information officer of the concerned Department by an employee of West Bengal Government through proper channel, and the fate of the same application is not known to the employee whether it was withheld by the superior officers of the employee's department or by the Department itself from where the information was sought, then in that case what are the remedies available to the information seeker employee? Kindly guide as to what the law says. How would the period of 30 days for obtaining the reply or for applying to the Appellate Authority should be counted.? Whether it should be from the date when the employee submitted his 1st application through the proper channel or it should be from the date when the superior officers of his department forwarded his application to the state information commission? In a case the department authorities are not informing my client whether they sent the application to the SPIO of the Home Department of West Bengal Government or withheld the same though the employee has sought a status report of his petition.His department is silent.Alredy 45 days have passed. 3. If the employee's department withholds the application without informing the employee concerned then in that case what is the remedy available to the informations seeker employee?Whether appael can be done directly to the AA or it should again be sent through proper channel of the department? Kindly enlighten me over the above points as I feel that if the information is available to any employee within the parameter of right to information act from his employer then the filing of cases or writr petitions would automatically lessen the burden of not only the state administrative tribunal but also of High Court and the employee will be able to save substantial amount of money from spending those upon the advocates and other connected legal process. Kindly reply in the interest of justice and service to the mankind. Yours truly Syed Bakhtiar Adil
  16. Hi friends! I am an officer in the Administration of an autonomous research institute coming under the government of India. Many employees in our organization have been given mobile phones. The bills as well as the cost of the instrument are borne by the management. I would like to know whether the same practice exists in other similar government organizations, and what are the eligibility criteria for an employee to be given a mobile phone. Thanks in advance!
  17. The biggest users of RTI are Government employees: Kejariwal As Reported By Siddharth Kumar on 20/1/2008 in Meri News Bhopal: The Government officials file the majority of applications received by the Central Information Commission (CIC) under the Right to Information (RTI) Act, 2005. The cases of promotion, salary, transfer and related matters come in huge number before the Commission for hearing. These facts have been made public by O. P. Kejiriwal, member, Central Information Commission, New Delhi. "Eighty per cent of applications filed before the CIC are from Government officials, either serving or retired", said the Central Information Commissioner. Kejiriwal emphasized that the RTI Act, passed by the Parliament of India in the year 2005, overrides all the existing Acts of the land, even the Officials Secrets Act, 1923. "The applicants should file in very short and crispy application instead of detailed description in order to save the time of Commission and the applicant himself/herself", Kejiriwal appealed. The Information Commissioner was speaking at a Media Workshop organized on Right to Information at the Academy of Administration, Bhopal on Saturday. It was organized by Department of Journalism, Makhanlal Chaturvedi National University of Journalism & Communication, Bhopal. Speaking on the occasion Chief Information Commissioner of Madhya Pradesh State Information Commission, P. P. Tiwari said that there is a greater need of awareness among the people regarding this right. “In coming days the facility to file an application through telephone under the RTI would be possible through out the country”, he said. Although the Act has empowered the people at great extent but still there are so many hindrances in this regard, Tiwari added. Comparing the functions of Central Information Commission with the Press Council of India, another major institution established by the act of Parliament, Achyutanand Mishra, a veteran Journalist and the Vice-Chancellor of Makhanlal Chaturvedi National University of Journalism & Communication said, “Unlike the PCI, the CIC is empowered with the penalty chagrining authority”. Siddharth Kumar is a student of journalism at Makhanlal Chaturvedi National University of Journalism & Communication, Bhopal. He can be contacted at: siddharth-bhardwaj {AT} hotmail.com Editors Note: This story is slightly edited.
  18. New Delhi, July 15: The Right to Information Act is losing its objective of ushering in greater transparency and good governance as more and more government employees misuse it in a quest to promote their vested interests, feels the apex information panel. "There is no provision in the RTI Act to discourage such clever persons (who use the legislation to promote their ulterior motives). Can anyone guide such people so that they could be genuinely empowered to use RTI for promoting good governance?" Information Commissioner M M Ansari said in a recent decision. The observation came in respect to an application by Darshan Singh, an ex-employee of Pawan Hans helicopters who used the act to seek details of certain misplaced library books, the cost of which was recovered at the time of his retirement. The CIC expressed anguish at the behaviour of the applicant, who left no stone unturned to seek relief and even went to the extent of misleading the commission despite getting a reply to his query. "First, he has lied before the commission that the central public information officer (CPIO) has not responded. He was held responsible for corrupt practices resulting in loss of library books. Second, he has strongly pleaded for imposition of penalty on the Cpio. This is misleading," it said. The commission was also critical of Singh`s move to file his original RTI application with the Civil Aviation Ministry, which had nothing to do with his grievances. "Being an ex-employee of (Pawan Hans), he knew as to where the required information was. This could have minimised the costs of servicing his request for information," Ansari said. Zee News - RTI losing objective due to misuse by govt employees: CIC=
  19. Mr. Himanshu J. Mehta Vs Employees Provident Fund Organisation, Ahmedabad. Appeal No. 111/ICPB/2006 In the matter of Right to Information Act, 2005 – Section 19. Appellant: Mr. Himanshu J. Mehta Public authority: Employees Provident Fund Organisation, Ahmedabad. Sh. S.S.Nair - CPIO Regional Provident Fund Commissioner – Appellate Authority. FACTS: The appellant vide his communication dated 21.12.2005 addressed to the CPIO had sought the following information, followed by first appeal dated 23.2.2006 to the Regional Provident Fund Commissioner : i. Allotment of Provident Fund Code No.GJ/28322 allotted to M/s Tectona Soft Solution (Pvt) Ltd. ii. Copy of the Application submitted by M/s Tectona Soft Solution (Pvt) Ltd. iii. Copy of the Notification of the Provident Fund Commissioner applying the provisions of the Act. iv. Copy of the Letter of Authority used by Mahesh Shah to appear before the Assistant Provident Fund Commissioner in proceedings initiated u/s 7A of the Employees Provident Fund & Misc. Provisions Act. v. Copy of the proceedings which have been attended by Mahesh Shah on behalf of the company M/s. Tectona Soft Solution (Pvt) Ltd. By a letter dated 7.4.2006, the Public Authority informed the appellant that hearing in the above matter has been scheduled on 21.4.2006 during which the documents sought for by the appellant could be handed over. The appellant filed an appeal before the AA on 17.4.2006. Since he did not get any reply from AA, he filed the present appeal. Comments were called for from CPIO. Pointing out that proceedings had been initiated against M/S Tectona Soft Solution Pvt. Ltd. under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act which is pending has contended that the matter is pending before a quasi judicial authority. It has also been stated in the comments that the appellant has already been advised that whatever documents had been sought for would be furnished to him during the proceedings but no body has so far appeared on behalf of the establishment. In his elaborate rejoinder, the appellant has contended that the provisions of EPF was not applicable at all to the establishment and has sought for directions to the CPIO to furnish the information asked for by the appellant. DECISIONI find from the reply of the CPIO that he has not taken shelter under any of the exemptions provided under Section 8 of the Act but has only informed the appellant that the documents could be handed over during the course of the hearing. Since the appellant has claimed himself to be the advocate for M/S Tectona Soft Solutions (Pvt) Ltd, on his producing an authority from the said company, the CPIO will furnish all the information sought for by the appellant within 15 days from the receipt of the authority from the company as I find that the information sought for is not exempt under any of the provisions of Section 8 of the Act. In so far as the contention of the appellant in his rejoinder that EPF Act is not applicable to the company, this Commission has no powers to enquire into such matters. Sd/- (Padma Balasubramanian) Information Commissioner
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