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Departmental enquiry report in RTI


navdeep.sharma217

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navdeep.sharma217

Hello,

I filled a complaint of a employee of BSNL in his department central head quarters.

Filled RTI about their steps taken, PIO replied that an enquiry is being set up.

Now after finishing the investigation i asked the report of it so they sent my RTI to concerned local office which replied that it is a third party information and cant be given.

I applied to CIC and the hearing is on 21st july, plz help with citation to get the information.

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MANOJ B. PATEL

Dear member,

You can get the action taken report on your complaint and CIC will definitely direct the PIO to provide it to you.

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Prasad GLN

I have got my own doubts as depending on such IC- decision may vary. But I remember one Hon IC MC Sharma's decision in income tax matters that for encouraging whistle blowers and to curtail tax evasion, it is proper for CPIO if they provide information on such TEP also. This is a guarded decision and more advice.

SC ruled in subsequent case that information regarding disciplinary proceedings are in between employer and employee, there has no larger public interest involved, the only way is to find a strong larger Public interest point involved in providing that information and focusing on that strong point alone.

If appellant can establish and focus only on LPI, IC may agree but I have my own doubts after SC verdict.

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jps50

You should have quoted following CIC own decisions in favour of releasing information on actin taken on complaints. You may google search these decisions:

 

CIC/SM/C/2013/900223, 900248, 900261, 280, 900362, 000363,

CIC/SM/A/2013/900354, 900365, 466, 473, 474, 475, 487, 488, 495, 496 000531, 644 &

CIC/SM/A/2013/900576 & CIC/SM/A/2013/000498, 489 & 472 dated 16-07-2013

__________________________________________________________________________________

 

CIC/BS/C/2013/000126/SH dated 02-07-2014

 

CIC/SS/A/2012/0002027 dated: 08.01.2013

 

You can still quote these decisions in hearing or email in advance as addendum to second appeal quoting hearing notice number and date of hearing.

 

You may not get copy of enquiry report but definitely you are entitled to gist of action taken on your complaint.

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karira
Member asked "Departmental inquiry report and not on action taken.

 

Departmental Enquiry report is a matter between the employee and the employer.

As per the SC judgment (Deshpande judgment), it will not be disclosed to another person (Sec 81j) unless larger public interest is involved.

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