what to do Seeking attendance records information of University Employee

[ys_peace 0]

Hello All,

I asked for day and datewise attendance record of one of the govt university professor in between certain period. But,I provided one annexure format for their reference. So PIO denied information under section 2(f) stating that only 'as it is ready and available' information can be provided under RTI act. Now, I am in dilemma, whether I should apply a fresh RTI under section 6(1) again or go for an appeal under sec 19(1)

Please advise.

[Prasad GLN 1,795]

The simple thing to understand in RTI Act is "one can seek information that is available in a material form as a record. As per DOPT O * M PIO is not expected to collect and compile the records, or tabulate or fill up the statement form of formats provided by applicant. In other words citizen can seek that information as is available in the records. In your case it is available in the form of attendance register. Seek copy of such register mentioning a period / month / and if PIO wants he can severe that information of others.

PIO is correct. Explore other alternatives to seek information, taking this as first lesson. If you have a larger public interest in mind, come out openly with it, as PIO may misunderstand the applicant as personal vendetta or grouse against such professor.

[ys_peace 0]

I understood PIO's point of denying information under section 2(f). So, can recorrect and send fresh RTI with the same Applicant now? (without pursuing my previous RTI)?

As I am not aware whether they maintain attendance through biometric or both biometric and manual.

I am using following wording for seeking information, please correct if any addition needed-

"[h=3]3) Particulars of information required:

i. Kindly provide me information about Date wise Attendance Record (from 01st May, 20xx to 30th September, 20xx) of MR. xyz (Employee Code: ABC, Professor, xyz university.

The period to which the information relates: for the period in between 01st May, 20xx to 30th September, 20xx.

 

 

[/h]

[Prasad GLN 1,795]

There is no bar on seeking information as there is no res judicata factor stated in RTI Act.

As there is no finality in getting information, you have right to continue your efforts till you get the relevant, correct and complete information.

File application, and come back when PIO deny to provide such information, so that you can be guided during first appeal. Remember that keep larger public interest as priority, and never raise those personal issues not related to public interest.

Also search in the foruum as there is already a decision on this issue well discussed in earlier threads.

[ys_peace 0]

You are right that personal issues are not related to public interests but I am asking this information 'in the interest of justice', required for court case purpose, I am also attaching relevant court case documents along with RTI application.

 

- - - Updated - - -

 

can you send me thread link for relevant discussion which you are talking about?

[Prasad GLN 1,795]

No need to quote any reasons for seeking information.

Do not be disappointed if information is denied, present that letter and file IA throiugh Court and get the same information through process of court by explaining to your advocate as that material facts help you in court.

Personal court matters are not in larger public interest.

I will Try to find out the link.

I have searched but found only one SIC decision by Hon CJK which may help you to some extent. When the decision is upload the same in website even for elected representatives who are not full time government servants, hope this may help.

 

https://www.rtiindia.org/forum/184221-put-mlas-attendance-public-domain-info-panel.html?highlight=CIC+decision+attendance+information

 

 

Edited January 26, 2018 by G.L.N. Prasad

[ys_peace 0]

Thanks for your reply, so, for now,

 

1. I will send a Fresh RTI application after correcting my way of asking (instead of pursuing last RTI application through 1st appeal)

2. I will pursue this fresh RTI Application through Appeal

[ys_peace 0]

Hello All, I am looking for the latest CIC judgment where Attndance record of govt. university professor is considered 'not private & third party' and information is provided. I need this because my fresh RTI application (as discussed last time) has been rejected by pio under 8(1) and citing 'girish ramachandra deshpande vs CIC'. Kindly please let me know if there is any recent CIC judgment in favour of providing attendance record of university employee which I can use for first appeal.