Jump to content
  • 0

Re: Query on govt employee


arunkkumar2207j

Question

arunkkumar2207j

I have just read the news "Govt policies cannot be questioned through RTI Act: CIC". Can i ask for service report of any govt. (Central/State) employee and from whom.

Link to post
Share on other sites

14 answers to this question

Recommended Posts

  • 0
vashisthvivek

Dear Arun,

You can ask for every record / information available with the PA except those exempted under S. 8 and 9. Although, you can not ask the PIO to create an information, which is not there. You can not ask the question "why", although you may obtain all the relevant record and find out your self as how and why a particular decision has been taken or a particular policy has been framed. As regards to the thread, you have quoted, I am of the view that the application was not drafted properly.

As regards to obtaining the service record of an employee, you can obtain the same from the PIO of the department, where the record is located. Don't hesitate to file an application. If you happen to file an application with the wrong PA, then it is obligatory for that PA to transfer your application to the appropriate PA within a period of 5 days.

Link to post
Share on other sites
  • 0
  • Super Moderator
ganpat1956
Can i ask for service report of any govt. (Central/State) employee and from whom.

 

Section 8 (1) (j) of the RTI Act stipulates that :

information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.

 

Therefore the service report of any other govt employee cannot be simply accessed unless you are able to satisfy the PIO about the larger public interest involved in such a disclosure.

Link to post
Share on other sites
  • 0
snkmoorthy

arunkumarji, the service record of a government employee is ordinarily exempt and ought to be exempt from disclosure because it is intensely personal and specific--unless you can satisfy the PIO that some public interest angle is involved in exposing the service record. otherwise you will not succeed.

Link to post
Share on other sites
  • 0
The record made it clear that more than 60% persons were promoted without requisite qualification. After that I represented to the Principal Secretary (Home) and now the Government has ordered an inquiry in the matter.
What if an unqualified person becomes driver of a train or bus.
Link to post
Share on other sites
  • 0
  • Super Moderator

A Government employees Service Records are generally allowed to be disclosed. It depends on the facts of the case and how it is argued out.

There are at least 10 pages of CIC decisions on Service Records and a majority of them allow disclosure.

Just visit CIC and do a search for "service records".

Link to post
Share on other sites
  • 0
snkmoorthy

dear rakatkam, anything related to the office of the govt.employee is in the public domain. anything related to his person is not unless there is an overriding public interest angle.l

Link to post
Share on other sites
  • 0

sirs,

 

I totally agree with what vashistavivek is telling. Because any govt. employee of any level is for working the public either in direct or indirect manner.

 

So, every citizen is having right to know the service details of any govt. employee.

 

rakatkam.

Link to post
Share on other sites
  • 0
arunkumarji, the service record of a government employee is ordinarily exempt and ought to be exempt from disclosure because it is intensely personal and specific--unless you can satisfy the PIO that some public interest angle is involved in exposing the service record. otherwise you will not succeed.

 

Unless you know you cannot tell what public interest could be satisfied.

 

Service record doesnot contain anything about the private life of the Govt. Servant. Rather, it contains records of his interaction with the Govt. and cannot be treated as intensely personal and specific.

Link to post
Share on other sites
  • 0
If by service record you mean the personal file, where the nominations and other details of family members are kept, it involves the right and privacy of persons other than the public servant and hence cannot be disclosed without their consent. This will fall under the exemptions provided inthe Act.

 

Thanks for the post. But, nominations etc., in my opinion, is not that much private that cannot be disclosed.

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

    • hipgdxhv
  • Forum Statistics

    • Total Topics
      119,533
    • Total Posts
      427,378
  • 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