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Government Officer targetting RTI User i.e. employee and Trade Union official with Major Penalty Chargesheet.


Sanjay Tirdiya
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What action should the Government take promptly against it's PIOs if they abuse their authority to t  

22 members have voted

  1. 1. What action should the Government take promptly against it's PIOs if they abuse their authority to t

    • Initiate harsh disciplinary action against such PIOs.
    • Remove them from the Government services.


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I'am employed with the Railway Organisation. I'm an office-bearer of a Railway Trade Union. Information was sought under the RTI Act - 2005 including photography and videography Desert Coolers hired by the Railway organisation from private agency i.e. a Contractor.

 

Videopgraphy was carried out of the Desert Coolers under the RTI Act, on date 31/07/2009, but was blocked by a Junior scale officer in his office premises and a false report was readied against me by him and a Major Penalty charge-sheet was served to me by my Controlling Officer on false pretext of not taking leave from office while the photography was being done by a photographer deputed specially for the same.

 

Notwithstanding the above, because evidence of wrong doing was recorded as photos and video under the RTI Act, this has resulted in the Contractor being penalised and penalty being deducted from his bills for violating Letter of Acceptance terms and conditions.

 

The Major penalty charge-sheet under false pretext issued to me to target and harass me is currently under contention and my Trade Union has lodged a complaint with the Regional Labour Commissioner at Ahmedabad and a complaint has also been lodged with the CIC under section 19(8)(b) of the RTI Act - 2005.

 

In a preceding incident another Major Penalty charge-sheet was served to me for inspecting quasi-judicial records under the RTI Act pertaining to my own service matters, under the pretext that no leave was taken by me for inspecting records which was allowed b, as a prior measure that one has to take leave to inspect records pertaining to one's service matters under the RTI Act - 2005

 

During the course of inspection of quasi-judicial records under the RTI Act on date 17/03/2009 and 22/04/2009, it was discovered that the records were tampered and certain vital portions were embezzled of the quasi-judicial records by it's custodian and user himself.

 

An FIR in this matter is sub judice against the PIO and certain of his co-accused.

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or Try to file RTI applications via an outsider person ( not in railways ) Mr X, now take authorization from Mr. X to handle all RTI matters ( this will ensure that you are separate entity )

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  • 7 months later...

Hon'ble members. In view of your friend, matter is too much complicated and subtle to understand. Respected member is information seeker and office bearer of employees union of Railway organization. Department of Railways bought desert coolers through a contractor. Respected member sought photo copy and videography of these coolers under R.T.I. Act 2005 , then department of railways took the service of a photographer in order to made available sought information but unfortunatly a junior level officer blocked this information and readied another manipulated information in order to conceal the embezzlement of fund but exposed. Consequently contractor had to pay the bill. This is success story. Now CPIO in connivance to other colleagues tried to wreak the vengeance and in that order when respected member sought inpection of service book under transparency act then they were in search of lacuna on the part of respected member, they took the help of loophole that without leave, how can you inspect the quasijudicial record and they served the chargsheet to respected information seeker. Since the respected member is office bearer of employees union so union cameout in the protection of respected member. We also have ful sympathy with the member brother and thankful to contribution in regard to RTI. Here it is important that matter of subversion of record is subjudiced against CPIO and coaccused. Hon'ble member here it would be appropriate to narrate the guidelines Supreme Court of India in the matter of state of Haryana versus Bhajan Lal which reads as under. 1-Where the allegations made in F.I.R. or complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or makeout case against the accused. 7-Where a criminal proceeding is manifestly attended with the malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

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  • 6 months later...
  • 2 years later...

I have gone through the lengthy post of the thread starter and as a retired officer of central government wish to add the following .

1. Harrassing the trade union leaders will only be possible when the organisation is week , and when it is strong nobody will be able to touch.

2. when you have asked for certain informatin as an RTI applicant and was permitted to take vedio which you are doingin a private capacityand you need to take leave from your office and then only you can attend this work. and if your relations are good you can submit leave application after utilising leave , thereby regularising it .

3. if a chargesheet is issued , generally no court will interfere and willask the applicant to face the enquiry and come back after appellette stage if you are aggreived but will not generallyinterefer.

4. your unions can only ask the disciplinary authority to be leanient and generally chargesheet issued will not be withdrawn as it is a complicated issue.

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I am aware and also realise that the issue was more than four more than four years old, and it is no worth over reacting on an issue, when even the thread poster has lost interest and never came back with what happened after four years.

But, I have got my own doubts as to what is duty ? and what is leave ?

It is my submission that employee was infact on another function of finding out irregularities perpetrated against his employer by an outside contractor. Let us suppose that he is attending some dispatch work, if he neglects his duty and attends to some other personal function, there must be a reason for issuing a charge sheet.

Here employee is working for the institution to find out culprits which is also a function of any employee to safe guard the interest of employer (General obligation) though it is not his entrusted duty .

The thread poster might have helped several other employees, who are at present being harassed in the same way , as his defense (Remember, Railway Union have got good experts) may help as an example to other employees.

Members, please come back if you are successful and share your experiences and success stories so that your experience can be a path to others.

Even if you are not successful, your failure teaches members more lessons, how to avoid pitfalls and structure applications .

May be now employees have become more smart and atleast following advise in the forum to file applications from outsiders to avoid this kind of harassment.

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even though th thread is very old still the portal is keeping it pending for years thereby members can post relevant comment so that it will be usefultothe members and thread starter if at all he looks into this . duty and non-duty are specific items which have got its own demarkated area ofoperation and can easily be differentiated. when a person has filed RTI application in the individual capacity and was permitted to inspect the documents eventhough may be in his department yet it cannot be called duty and he need to take leave or atleast permission of his superior for one or two hours, otherwise it amounts to non duty only.

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Many of the new members (and in fact several members) never the read forum rules in their haste. There should be some mechanism to mail rules and regulations to the members immediately after they become members, so that at least they can read one or two rules at a time.

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