Jump to content
  • 0

Showing of case files in departmental enquiry


skm14

Question

Sir I am a keen rti activist and due to filing of many RTIS and standing against the department for there fraud and Asking information of selling of waste material etc they initiated false department enquiry against me and framed false charges and Finally removal of service was done.

Sir it is a very grave category punishment done.

I have asked from the department in RTI for the

1.All the proceeding record and documents which was used in my case and used against me.

Now case was finally over and they removed me and I want to see the copies for my inspection.

 

The CPIO denied the information stating that we have provided the information at the time of the proceeding.

 

What relief will be available in RTI

Can we complaint against the Cpio on what grounds and demand for strict action.

Please guide thoroughly

Every bit of information can be useful from Your side.

 

Every help will be much appreciated.

Link to post
Share on other sites

13 answers to this question

Recommended Posts

  • 0
Prasad GLN

Certain facts are true but appears as imaginary.

Time and again, the experts in the forum always advised members first to take care of their job, family first and then proceed only if you can afford.

 

Coming to the disciplinary proceedings against you, they have to be seen on fundamental principals of natural justice, failing which you can go to HC for illegal termination. Only Advocate can help you suitably depending on the facts, charges.

 

After filing so many applications, now you are asking for guidance Now.

 

Every citizen is entitled for any information on record as a matter of right, and if an employee is involved, as an affected party his grounds are strong, and now application can be filed under Life or Liberty clause, as you have lost a Bread earning job.

Here decide as to what are your requirements to face the situation.

a)Information

b)Complaint against CPIO.

 

In case of complaint you are not eligible to seek information. If you want information, you have to necessarily go for first appeal and then second appeal and you may have to wait for atleast 2 years for a decision. It is not certain and there is no assurance that IC fines or recommends for action against CPIO. The Chances are remote, and appellant as a right can not impose on IC for such action against PIO, as he is entitled only for information alone, and the other remedies are in between IC and PIO.

 

Go for first appeal under life or liberty as information is crucial to build up a file to approach to HC, if you want reinstatement. If you want pin pointed guidance from forum experts, it is necessary that you have to post information sought and PIO response denial verbatim.

Everyday, in one post or another, we continue to advise employees not to file RTI application in their name and not to resort to RTI at the cost of your job and mental peace.

Link to post
Share on other sites
  • 0
Certain facts are true but appears as imaginary.

Time and again, the experts in the forum always advised members first to take care of their job, family first and then proceed only if you can afford.

 

Coming to the disciplinary proceedings against you, they have to be seen on fundamental principals of natural justice, failing which you can go to HC for illegal termination. Only Advocate can help you suitably depending on the facts, charges.

 

After filing so many applications, now you are asking for guidance Now.

 

Every citizen is entitled for any information on record as a matter of right, and if an employee is involved, as an affected party his grounds are strong, and now application can be filed under Life or Liberty clause, as you have lost a Bread earning job.

Here decide as to what are your requirements to face the situation.

a)Information

b)Complaint against CPIO.

 

In case of complaint you are not eligible to seek information. If you want information, you have to necessarily go for first appeal and then second appeal and you may have to wait for atleast 2 years for a decision. It is not certain and there is no assurance that IC fines or recommends for action against CPIO. The Chances are remote, and appellant as a right can not impose on IC for such action against PIO, as he is entitled only for information alone, and the other remedies are in between IC and PIO.

 

Go for first appeal under life or liberty as information is crucial to build up a file to approach to HC, if you want reinstatement. If you want pin pointed guidance from forum experts, it is necessary that you have to post information sought and PIO response denial verbatim.

Everyday, in one post or another, we continue to advise employees not to file RTI application in their name and not to resort to RTI at the cost of your job and mental peace.

Sir first appeal file but life and liberty's section not mentioned

 

Sent from my Redmi 4 using RTI INDIA mobile app

Link to post
Share on other sites
  • 0

Sir in my case I have asked to provide some important correspondence ( paper, E-mail and another forms used) from authority to collect the evidence for my safe side in year 2016 while hearing of second appeal they got plea that a charge sheet have been given and proceedings under way

Now case is over but such pending information which was held up by them also not being provided while these are very important for me to pleade my case

Now pio deliberately keeping information for which decided by CIC

Now how can I got relief and complaints against Cpio

 

Sent from my Redmi 4 using RTI INDIA mobile app

Link to post
Share on other sites
  • 0

Karira and prasad sirs with another experts may help me (who follow you and able with use of rti to regularise may exercise of management in a transparent way BUT Finally they defeat me with there power by use in scandal any root out from concern

 

Sir

I have lost my 26 years service of lic of india working as administrative officer

 

I know information seekers always suffer in many way

 

Shashi kumar meena

Mob xxxxxxxxxxxxx email xxxxxxxxxxxx

 

Sent from my Redmi 4 using RTI INDIA mobile app

Edited by RAVEENA_O
Link to post
Share on other sites
  • 0
Prasad GLN

Sir,

Do not throw blame on RTI is the cause for your termination, as there was never any such case came to the notice of the forum or experts, wherein a termination was done, only because the employee filed RTI Applications.

Once CIC delivered a decision, and as you are an expert in RTI yourself, there is no other relief except going to HC.

Only a competent advocate expert in employee relations can help you after studying your case.

You have a powerful union to back up your case.

What you wanted immediately is a Relief and reinstatement, and it is beyond RTI.

For the present focus only on priorities and urgent issues, instead of diverting your attention on RTI, which is in no way helps you once a decision was over by CIC.

Link to post
Share on other sites
  • 0

Please do not say that i blaming to rti

 

I have put my question that while a case already decided and some informations upheld by pio due to proceeding was under way the grounds were taken by pio was fit at that situation but now case over then why such (pending) information being not given .

As u know I have wait for such informations for a whole year .

 

 

Sent from my Redmi 4 using RTI INDIA mobile app

Link to post
Share on other sites
  • 0
  • Super Moderator
RAVEENA_O

An information can be denied only if it is qualified for exemption under any of the clauses of Sec-8 or Sec-9, else it must be supplied. In the instant matter, you have sought information with respect to disciplinary proceedings on yourself, which is not qualified for exemption under "personal information" since you yourself is the applicant and therefore cannot cause unwarranted invasion of your own privacy. CPIO cannot therefore deny the information sought. CPIO cannot deny information on imaginary grounds.

 

You must appear for the FA hearing and carry with you written notes of arguments on above lines and insist the FAA to order disclosure of the complete information as sought by initial application dated ..............

Link to post
Share on other sites
  • 0
Prasad GLN

This is a flaw in RTI Act. When PIO provides incorrect, and misleading information deliberately with ulterior motive to screen offenders or to suppress a crime, according to me it amounts to a criminal offence under IPC. But still the Act prevents that action against RTI applications should always be under RTI. Whether the information is under RTI or not, a criminal offence is an offence and one has to look to the offence and not protect the offenders under the guise of an act.

If a citizen suffered due to such misleading information the concerned official should be booked under IPC.

Link to post
Share on other sites
  • 0

The makers of RTI Act knowingly and well understand and with planning they keep many loopholes to save thereself and there category. One loop is no liability fixed against FAA in 99% cases he agreed with PIO reply .

 

Sent from my Redmi 4 using RTI INDIA mobile app

Link to post
Share on other sites
  • 0
Prasad GLN

A simple DOPT directive asking FAA's to treat their duties at par with quasi judicial functions can correct them, as they have to deliver speaking orders and with such reasons.

 

Our Mahaguru Hon CJK , many times replied when we agitated about amending RTI Act, he says that if you give one inch to them, they take your foot, suggesting that once we move for any one or two amendments they introduce so many others that kills the spirit of RTI Act.

 

According to me it is IC that is suffocating and brought failure of the RTI Act, if only they impose penalties and recommendations for all such deliberate and malafide denials, no PIO dares to violate. Government has it's own fears that many officials may not come forward to accept PIO designations and there may be commotions.

Applicants are also responsible to certain extent for the bad reputation, unless they decide before filing RTI Application as to what they want an as to how a logical conclusion with that information in larger public interest, there is no use in just filing RTI Applications such as National Animal, National sport, Netaji's files, emergency files, Complaint filed by India in UNO, as they may bring sensational news for papers, but hardly brings any new facts into life that helps a common man.

Link to post
Share on other sites
  • 0
Prasad GLN

Truth is that a Peon working at Govt. office behaves more than Big bosses.   Big bosses are educated, decent in behaving with public.  Certain things we can not help and compromise in such circumstances, as conflict brings no results.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    No members to show

  • Forum Statistics

    • Total Topics
      119,604
    • Total Posts
      427,633
  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy