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disciplinart proceedings based on RTi application


jaws

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Hello,

 

Can an employer/authority initiate disciplinary proceeding against an employee based on the RTI application filed by her ?

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MANOJ B. PATEL

Dear debaprasad92,

 

Query is different. Employee has filed RTI application and initiator wants to know that can employer initiate disciplinary proceeding against the employee(applicant)?

 

Answer is "No".

 

Right to information is a right in the nature of a fundamental right and invoking such a right cannot be construed as insubordination. Moreover, an applicant is merely a citizen and the PIO is a designated officer of the public authority to implement the provisions of this social piece of legislation. Therefore, there is no superior-subordinate relation, with regard to the RTI Application submitted by a citizen of India to the PIO of a public authority. When such a relation is non est in law, there is no question of insubordination.

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Prasad GLN

Simply for exercising the right given through statute is not a reason for initiating disciplinary action.

On other hand, it amounts to harassment of a citizen by PIO.

Kindly search in Google or mykanoon or other legal websites with key words "disciplinary action against employee for filing RTI Application" and you may find number of citations/facts.

If you wanted more guidance, you can search for replies given by Madam Raveena earlier (Ready made explanation/template/format for such memo) in the portal. Please severe the names and post the PIO/Memo letter.

Though any one can guide you further in the matter, but no one can excel her reply as she has covered various aspects and prepared that format most befittingly and it must be put in as Blog.

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RAVEENA_O

No. Disciplinary action cannot be initiated against an employee for filing RTI application and seeking information from his own employer department. An employee is a citizen and the Right to Information is a cherished right in the nature of a fundamental right, available to all citizens irrespective of the fact whether he is a public employee or not. Invoking such a right cannot result into violation of the conduct rules or can be construed as indiscipline. Therefore, no disciplinary action can be taken against the employee for seeking information under RTI from the employer public authority.

 

Delhi High Court in the case of MUJIBUR REHMAN Vs CIC decided on 28/04/2009 held that

 

In this case, order dated 29.5.2006 as well as the previous order of 27.3.2006 establishes that the information sought was furnished after CIC issued its orders. Moreover, shockingly, the petitioner was issued with charge-sheet – a fact borne from the order dated 29.5.2007, for “not having taken recourse to the remedies available within the public authority”. In other words, the petitioner was sought to be proceeded against departmentally for the sin of approaching the PIO under the RTI Act, - a right guaranteed to him in law. In such cases, it is cold comfort for a litigant – such as the petitioner/applicant – who was driven to seek information, to approach the CIC, at Delhi, to be told that the erring official would be proceeded with departmentally especially after recording that the lapse i.e. the delay or even the unreasonableness of withholding of information was unjustified. The petitioner in effect was doubly deprived – in the first instance, of the information which was sought for, and secondly, he was exposed to an unjustified threat of enquiry. In these circumstances, even

though the CIC recommended disciplinary action under Section 20 (2), its denial of any penalty

order under Section 20, in the considered opinion of this Court, cannot be upheld.

 

Information seekers are to be furnished what they ask for, unless the Act prohibits disclosure; they are not to be driven away through sheer inaction or filibustering tactics of the public authorities or their officers. It is to ensure these ends, that time limits have been prescribed, in absolute terms, as well as penalty provisions. These are meant to ensure a culture of information disclosure so necessary for a robust and functioning democracy.

 

 

Copy of judgment attached:

DELHI HIGH COURT - DEPARTMENTAL ACTION AGAINST RTI APPLICANT - NOT IMPOSING PENALTY BY CIC HELD .pdf

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Hello All,

 

Thank you for your replies.

 

I am prepareing a second appeal to CIC for the same RTI application. Can any activists help me to review the draft version. Your valuable advise will help to make the appeal effective.Please help.

 

Thanks in advance.

 

Jose

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