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svmurthy

Under RTI to the PIO , whether can I ask about a Govt. Servant Past criminal history, any pending criminal cases, or disciplinary action is pending ,has he appeared with respect to any criminal court case as a witness or has he attending a criminal court case as a witness.

After asking this under RTI, If any case if it is not there , whether will he file a defamation case against RTI applicant.

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G.R.Vidyaranya

You can ask for criminal record of any Govt. servant etc. as long as public interest is involved in your asking for personal information. If the PIO denies the same under provisions of RTI Act then he has to explain how the same has been denied. Just for your asking, no one file a defamation case against you.

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Prasad GLN

You can structure your RTI Application, seeking information

Please provide a list of employees with names that are having a criminal record, names of employees who are witnesses against such crimes, action taken against such employees so far, duties entrusted to them.

I am not sure of your getting information of witnesses a criminal case as it may endanger their life and has to be protected, and the information may not be on record of Public Authority in usual course.

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Sunil Ahya

No defamation case lies against a RTI applicant for seeking information (kindly limit your RTI application to seeking certified photocopies of required documents).

 

The PIO may deny the information, however please be aware that the PIO's decision is not the final word in a given matter and that as a RTI Applicant you have an access to three tier hierarchical system by way of first and then second appeal under the RTI Act, kindly refer to the following link to learn more about it:

 

Flow of a RTI application once having been filed.

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koteswararaonerella

While agreeing that PIO has to give reasons for DENIAL and at the same rate the APPLICANT NEEDS TO GIVE JUSTIFICATION AS TO WHAT PUBLIC INTEREST IS INVOLVED IN SOLICITING THE INFORMATION.

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Prasad GLN

To me it appears that any crime mentioned in law is against Public interest and need not be specifically pointed out.

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RAVEENA_O

The right of the applicant is to seek informtion held by and under the control of the public authority in material form. Applicant must therefore pinpoint the document.

 

Pre-appointment history shall be availbale with the police or court having territorial jurisdiction. Antecedence of every employee is verified immediately after appointment.

 

Criminal records while in service shall be available with employer department only if the police intimate about it. Generally such information is sent to the employer department only when custody/detention exceeds 48 hours.

 

Disciplinary action with respect to performance of an employee/officer in an organization is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression “personal information”, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual. Of course, in a given case, if the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information, appropriate orders could be passed, but the applicant cannot claim those details as a matter of right.

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