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How to get employee Information of APNPDCL under RTI Act 2005


SHARATHRIGHTS

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SHARATHRIGHTS

Hi All,

 

Can I get the complete information of salary, retirement benefits etc., of my father who has been separated from my mother 20 years back.

 

Actually, in a court case, he managed not to give us a penny, but now I want to know the complete information of his employment.

 

Is this possible through RTI, if so, please let me know the procedure to be followed and the documents that I have to produce for this purpose.

 

Thanks in advance.

 

Sharath

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Prasad GLN

Let your mother file an application before the concerned employer and place where he has worked and retired from, seeking for details of retirement benefit given to her husband.

I do not think that they will provide but some officialsl may consider and you are not going to spend any thing on this except RTI fee of Rs.10/-

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SHARATHRIGHTS
Let your mother file an application before the concerned employer and place where he has worked and retired from, seeking for details of retirement benefit given to her husband.

I do not think that they will provide but some officialsl may consider and you are not going to spend any thing on this except RTI fee of Rs.10/-

 

Actually, my father retired in the year 2008 and till date, he did not receive any benefits as he has lot work orders have been pending all these days. He got a divorce decree as my maternal grandparents got fed up attending to the court.

 

As a son, can I go ahead file for his service book...through RTI, if so, please let me know the procedure.

 

Thanks in advance.

 

Sharath

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Prasad GLN

First establish that you are a legal heir, through some identification such as SSC certificate or certificate from Mandal/taluk office that you are one of the legal heir and file RTI Application. Even if it is rejected, you can go for appeal. But instead of calculating meena or mesha, commence the work. Every thing is possible if there is sincerity and dedication in work.

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SHARATHRIGHTS
First establish that you are a legal heir, through some identification such as SSC certificate or certificate from Mandal/taluk office that you are one of the legal heir and file RTI Application. Even if it is rejected, you can go for appeal. But instead of calculating meena or mesha, commence the work. Every thing is possible if there is sincerity and dedication in work.

 

Thank you for writing me.

 

I have SSC certificate with me and photos. Could you please help me out in filling up the RTI form and my father worked in APTRANSCO, so whom the RTI form should be addressed to...I know it is to APNPDCL, in Warangal. Please help me out in getting the correct address to send the RTI form.

 

If SSC certificate does not suffice, please help me how to get legal heir certificate, the process.

 

I heard that even I can ask for service book of a government employee. If it is possible, help me in that regard.

 

Thanks in advance.

 

Sharath

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Prasad GLN

You may use this format. You have to make necessary alterations/modifications like your address, address of PIO, father's name and employee number etc.,

 

Application dt. 8th Jul, 13 seeking information under RTI Act filed

before PA: Public Information Officer, APNPDCL, Warangal by

Applicant: Sharath (mention full address)

RTI Fee: Rs.10/- Court fee stamp affixed on this application.

 

Reference: Applicant is son of .....................................who is a retired employee of your organisation. I am herewith enclosing certified copy of xerox certificate (SSC certificate) disclosing his name as my father. I also confirm that the following information is not exempted under Sec. 8 & 9 of RTI Act as per several court decisions/CIC decisions.

Information solicited:

a.Please furnish total emoluments paid item wise at the time of his retirement from your organisation (Last drawn salary, PF, Gratuity, pension fixed, commutation, leave encashment etc.,)

b Please provide me a certified copy of his service book.

 

Please inform if any copying charges are to be paid , to my telephone number............................... enabling me to remit the same as immediately as possible. (This avoids unnecessary correspondence, time in postal transit etc.,) If the information has to be denied, please furnish the particular section and any decision the grounds on which information was denied to applicant, as expeditiously as possible.

 

Hyderabad

7th July, 2013.........................................................Applicant.

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SHARATHRIGHTS

Hello Friends,

 

I applied through RTI, for my father's service book. They gave me info about las drawn salary, leave encashment, PT, gratuity, pension fixed, etc, but they did not provide me the photocopy of his service book quoting section 8(1).

 

But, as a son, I think I have right to ask my xerox copy of my father' sevice book.

 

Hence, please guide me in moving forward in this regard.

 

Thanks in advance.

 

Sharathrights

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Prasad GLN

I feel that PIO has provided information to the extent permitted under RTI/Court decisions. Copy of Service book is between the employer and employee, and unless the applicant is an affected party, and there is some kind of interest in it, PIO might have thought that it is a III party information. (Several important links are missing in the query). However, while denying service book, PIO might have given exact reasons for such denial. (Sub-section of exemption)

Any how file First appeal before Appellate Authority, and establish that you are not III party and an affected party and PIO has not specifically mentioned the reasons/ exemptions under Sec. 8 of RTI Act for such denial of Service copy of your father as required under RTI Act.

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SHARATHRIGHTS
I feel that PIO has provided information to the extent permitted under RTI/Court decisions. Copy of Service book is between the employer and employee, and unless the applicant is an affected party, and there is some kind of interest in it, PIO might have thought that it is a III party information. (Several important links are missing in the query). However, while denying service book, PIO might have given exact reasons for such denial. (Sub-section of exemption)

Any how file First appeal before Appellate Authority, and establish that you are not III party and an affected party and PIO has not specifically mentioned the reasons/ exemptions under Sec. 8 of RTI Act for such denial of Service copy of your father as required under RTI Act.

 

 

Let me put exactly the response they gave me for denal of my father's service book :

[While so, the information to the point/item II providing copy of service book is exempted from disclosure as per section 8(1) (i) 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. Hence, the FAA comes to a decision that there is no larger pubic interest to disclose such information.]

 

Actually, this is First appeal, I filed and I got the above information. They also mentioned that I can contact (address has been given) for a Second appeal If I am aggreived with their response. They asked me to reply within 90 days. I have to apply this before 17 of December 2013, so, I request you to guide me in this regard.

 

Thanks in advance

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Prasad GLN

This is exact reason, why members must post their actual reason for denial. The full bench CIC decision ruled that information can not be denied only on the ground that it is not in larger public interest, and they have to give reasons or specific exemptions as per Sec.8 1. The Section 8 (1) (i) is not relevant as the section reads as under (i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers' But the section member is quoting is Sec. 8 1 (j).

The second appeal lies with AP Information Commission, HACA bhavan, opp Public Gardens, Hyderabad.

and the Grounds for second appeal:

"PIO has not provided the correct section under which copy of service book was denied with reasons therefor and denial exclusively that it is not on interest larger public is not proper by full bench of CIC. As the appellant is an affected party, there can not be invasion on personal interest of III party as the appellant is related directly as...................(relationship)

(It is true that service book is between employer and employee as it contains several things like disciplinary proceedings and other matter, this suggestion is just a last resort and attempt to convince IC with personal argument mentioning the importance and necessity as an affected party)

Even if it is III party information, PIO must have issued notice and should provide those objections filed with in stipulated period to applicant also while denying information. Even when information is denied by III party , PIO can decide on reasons for objection by III party and can provide information if he is convinced . III party can never veto PIO's decision to provide information.

 

( Member has been advised to file RTI application through his mother, and it is not known as to member has taken advice. Generally in these cases, if PIO satisfied he may provide certain information wanted by you specifically severing other information and as a woman deserted by her husband, she can win sympathy by PIO or APIC. Your appeal copy has to be in duplicate and you have to mention your cell number and post the same through speed post preferably, and on diarising appellant receives SMS for APIC generally)

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SHARATHRIGHTS
This is exact reason,

 

Hi,

 

Can I use a family photo(my father, mother, younger brother and myself), which has been notarized in the year 2007, as a proof of relationship.

 

Please let me know what exactly I have to put in the reason (in a separate paragraph) when I apply for second appeal.

 

My another doubt is shall I tell that my father has been seaparated from us, etc details in the second appeal.

 

Please clarify.

 

Thanks in advance.

 

Sharath

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Prasad GLN

1.Your SSC certificate showing father's name is enough (Infact all these are not necessary for seeking information, but there is chance to seek information stating that you are the effected party, and fighting for rights of your mother, a deserted and helpless wife of the employee)

2.You have not informed as to what exactly you require from Service Book extract of your father and depending on that information, you have to build the grounds.

3.There is no need to reduce all family affairms in writing, and they can be disclosed at the time of personal hearing depending on necessity.

 

What exactly you wish to get information from service book is the Point .

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SHARATHRIGHTS
What exactly you wish to get information from service book is the Point .

 

I want to know whether names (my mother's name, my younger brother's name, and my name) are included as his family members or not.

 

This is our doubt as he took divorce in 2007, whether our names have been changed. This information is necessary, as in future to file a case against my father.

 

Hence, finally, based on these facts, sir, please draft me the reason that I have to metnion in the Second Appeal and I will include that in my Second Appeal Letter.

 

Thanks in advance.

 

Sharath

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Prasad GLN

If knowing whether members of your family were included or not and whether there is a change subsequently notified to NCDRC is the only issue, File another RTI Application seeking information as follows:

 

Brief Facts: Family members particulars recorded in Service Book of Shri.................Employee designation .............................No. This applicant is son of ...............and is an affected party.

 

1.Please inform the recording of the following members of the family in SR of Shri...........

a.Wife of employee and mother of this Applicant Smt...........................

b.This RTI Applicant being eldest son of employee ..................

c.Youngest Son of employee Shri.................

2.Please inform if there is change subsequently in SR and date of such change and names included and names of such persons included as family members.

 

As you have already filed RTI Application and gone to first appeal, it may not be necessary for giving a format and fee structure as you have to make a change only in information sought.

Second appeal can be filed within 90 days, and you may also take a chance of filing second appeal within 90 days from receipt of first appeal order.

Grounds for Second appeal: The applicant is son of the employee through his first wife and a part and parcel of a family, and seeking information on behalf of old mother and applicant is also affected party. By disclosing the known particulars for confirmation can not be invasion as particulars of father is only being solicited. (Though the chances of IC decision is less, now that you have come upto second appeal, you may take a chance for second appeal, if you fail to get the above information from PIO)

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SHARATHRIGHTS
If knowing whether members of your family were included or not and whether there is a change subsequently notified to NCDRC is the only issue, File another RTI Application seeking information as follows:

 

As there is less time to go for second appeal, shall I mention in the second appeal that I need info about family details mentioned service book instead of a service book as a whole. Will this justifiable to mention this in the second appeal? One info on the internt is that as a son, I have right to get the xerox of my father's service book.

Or

As already, I am on the way to the second appeal, shall I go ahead and ask for xerox of service book in full.

 

[At this moment in time, I would like to thank you, for your time guiding me all through. I am grateful to you and will be.]

 

Sharath.

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Prasad GLN

Appellant is not permitted to modify the original application, However do make it a point to certainly attend personal hearing, if possible with your mother also, and convince IC atleast for family particulars from Service book. It is always advisable to file RTI Application through Senior Citizen (if your mother is) as you will get priority in hearing for citizens, and it is my experience that all information relating to women are being treated with empathy by ICs. Any how, as suggested please file RTI Application.

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SHARATHRIGHTS
Appellant is not permitted to modify the original application, However do make it a point to certainly attend personal hearing, if possible with your mother also, and convince IC atleast for family particulars from Service book. It is always advisable to file RTI Application through Senior Citizen (if your mother is) as you will get priority in hearing for citizens, and it is my experience that all information relating to women are being treated with empathy by ICs. Any how, as suggested please file RTI Application.

 

The below mentioned para is whatI am going to include in my second appeal letter. Please suggest any modifications to be made if any as a final copy.

 

[

I, myself, the applicant is son (legal heir) of the xxxxxx (Mr.xxxxxx) through his wife (Mrs. xxxxxxx) and a part and parcel of a family, and seeking information on behalf of my old mother and the applicant is also affected party. By disclosing the known particulars for confirmation cannot be invasion on personal interest as the particulars of my father are only being solicited.

 

I humbly reiterate that as a son of Mr. xxxxxxxx, I hereby apply this on behalf of my old mother (Mrs. xxxxxxxxx) and my younger brother (Mr. xxxxxxxxx, who is a physically challenged person suffering from cerebral palsy) requesting you that to provide us with the certified copy of service book of Mr. xxxxxxxx, and as such, you are hereby kindly requested to provide me the same through registered post to the below-mentioned postal address.

]

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Prasad GLN

This appears proper and correct.

Modify your first para as Grounds for appeal with slight modifications The second para of your letter has to be with sub-heading 'PRAYER"

 

Grounds for Appeal: Copy of service book was denied to affected party on the ground that providing is not in larger public interest, though applicant is eldest member of a deserted family by Shri............ . This applicant submits that neglect of a wife when she is physically challenged with cerebral palsy by her husband is more on humanitarian grounds and in larger public interest of his own family, whose careers are linked with providing of such information.

PRAYER: As, family head and member as affected party, on behalf of my mother,(physically challenged with cerebral palsy )person, applicant prays for Directions to PIO for providing Certified copy of Service book .

Please ensure that your appeal should be as brief as possible and upto the point.

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SHARATHRIGHTS
This appears proper and correct.

Modify your first para as Grounds for appeal with slight modifications The second para of your letter has to be with sub-heading 'PRAYER"

 

As said, after making necessary changes, I posted (regd post with acknwldmnt) it to the address mentioned.

 

Once again, let me convey my heart-felt thanks to you for your assistance in this regard.

 

Sharath

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Prasad GLN

There can be never any individual contribution in the forum, and the credit should go to entire Team members of the Forum. So, please avoid giving personal credit to individuals, and do not wash your hands off after your work is finished but be regular and contribute to others also who are in need of guidance, so that purpose of this forum is achieved.

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SHARATHRIGHTS
There can be never any individual contribution in the forum, and the credit should go to entire Team members of the Forum. So, please avoid giving personal credit to individuals, and do not wash your hands off after your work is finished but be regular and contribute to others also who are in need of guidance, so that purpose of this forum is achieved.

 

Sure sir. I will and I thank the complete team in making me move forward and I will definitely be ever ready to assist my fellow buddies here.....my thanks for you are for being very much unconditional...

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SHARATHRIGHTS
All the best. The team is with you.

 

Dear All,

When I registered a second appeal with Andhra Pradesh Information Commission on 04 December 2013, they provided me with a number, but till date it is showing as pending. I called them on phone and asked them regarding this; they told me that it will take 3 months to look at my case.

 

Sir, please guide me how to proceed in this situation.

 

Thanks in advance.

 

Sharath

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SHARATHRIGHTS
Wait for second appeal hearing,it may take more than one year.

 

Sir,

 

I do not know what happened with my login id....I tried to log into this website, but to fail many times. Today, I tried to login again, and to my surprise, login is successful, and the first thing I have done is to inform about my second appeal situation. Could you please let me know if there is any alternative for this situation to make second appeal faster....

 

Sharath

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