Leave record and service record under rti 2005

Instead of going for the another RTI application issue legal notice to the Govt., supply the details at their earliest, otherwise you would claim damages 

Sir can you elloborate who will claim damages? Me or the department. Should I send the legal notice through CAT or court? 

I will not discourage u. However, I would narrate my experience, leaving it to u to decide your course of action.

The Divisional, Zonal & Ministry offices of Railway have given only 3 proper information against my dozens of applications submitted under RTI Act. Either they have not given any information despite CIC's orders or just forwarded to other office and thrown my application to waste paper basket. The CIC never imposed fine, recommended departmental action or made enquiry, although thr evasive replies, pretext of RECORD BEING TOO OLD HAS BEEN WEEDED OUT (no doubt the matter pertained to 89 but remained live being under litigation till 2005).

Against my representations, the divisional officers have either kept mum or given absurd replies. Disregard of Rly Rules is a common practice. No higher office applies its head. Contrarily it gives same decision as the lower office had given. Similar is the fate of your grievance posted on various sites including PRESIDENT HELPLINE:

The CAT accepted false plea of Rly that Seniority had been accorded, arrear bill passed but the petitioner did not draw, while truth was that the seniority was accorded two years after and the bill passed subsequently. In other 3 cases the CAT after deliberating for over 7 years, ordered the DRM to reconsider the representations. Even false affidavits were submitted by the DRM, but the CAT did not take cognizance. In one case wherin I had petitioned for payment of RETIRAL DUES, the DRM said, "BILLS HAVE BEEEN PASSED & NOTHING IS DUE and the leaned CAT swallowed even that averment. Regarding the Hon'ble HC, I may tell that the listing is being done when CHASED by me otherwise no listing is done of the case for several months together. It takes 4 years to allow an application for ammendment.

I have wasted my precious life struggling for justice from 67 to 93 for correction of seniority & struggling since 1993 for my pensionary dues.

Better to go in appeal u/s 19 RTI Act, 2005

Unless the genesis of your greivance is not known it cannot be advised whether you should go ahead to RTI or to file CAT case.

Originally posted by : ptvr
	I asked for my leave records/service records from my old central govt. department under RTI 2005 act. I was provided partial leave record (some pages were selectively missing) and on subsequent query I was replied back that sincere efforts were made but my service file/service book and other leave records could not be traced. What am I suppose to do? I needed these record to make my case for my earlier Voluntary retirement application and other benifits etc. I have in my possestion original reply to my application in which it is said that I do not have 20 years of qualifying service. I feel I do have qualifying 20 year service at that time. Surprisingly both my application and department reply is missing from the documents I obtained.  Can I put another letter in RTI 2005 act by using the documents I obtained and the denail letter which I have in my possesion but is missing from the record I was given? In this RTI I want to ask why was I denied voluntary retirement on the basis of wrong calculations.

How could you get entry in your present department, as a CEO, after leaving previous/ old Central Government Department? That point may be made clear first. Voluntary retirement is a secondary thing.

Originally posted by : adv. rajeev ( rajoo )
	Instead of going for the another RTI application issue legal notice to the Govt., supply the details at their earliest, otherwise you would claim damages

@ Adv. Rajeev (Rajoo),

Can you please elaborate, what will be the actual achievement of the querist on issue of legal notice to the department? Will he be able to get his service record if the record has already been destroyed due to any reason?

Originally posted by : ptvr
	Sir can you elloborate who will claim damages? Me or the department. Should I send the legal notice through CAT or court?

Good joke! You are a CEO of some organisation. but pretend to know through whom you should send legal notice!

Originally posted by : R C Nigam
	I will not discourage u. However, I would narrate my experience, leaving it to u to decide your course of action. The Divisional, Zonal & Ministry offices of Railway have given only 3 proper information against my dozens of applications submitted under RTI Act. Either they have not given any information despite CIC's orders or just forwarded to other office and thrown my application to waste paper basket. The CIC never imposed fine, recommended departmental action or made enquiry, although thr evasive replies, pretext of RECORD BEING TOO OLD HAS BEEN WEEDED OUT (no doubt the matter pertained to 89 but remained live being under litigation till 2005). Against my representations, the divisional officers have either kept mum or given absurd replies. Disregard of Rly Rules is a common practice. No higher office applies its head. Contrarily it gives same decision as the lower office had given. Similar is the fate of your grievance posted on various sites including PRESIDENT HELPLINE: The CAT accepted false plea of Rly that Seniority had been accorded, arrear bill passed but the petitioner did not draw, while truth was that the seniority was accorded two years after and the bill passed subsequently. In other 3 cases the CAT after deliberating for over 7 years, ordered the DRM to reconsider the representations. Even false affidavits were submitted by the DRM, but the CAT did not take cognizance. In one case wherin I had petitioned for payment of RETIRAL DUES, the DRM said, "BILLS HAVE BEEEN PASSED & NOTHING IS DUE and the leaned CAT swallowed even that averment. Regarding the Hon'ble HC, I may tell that the listing is being done when CHASED by me otherwise no listing is done of the case for several months together. It takes 4 years to allow an application for ammendment. I have wasted my precious life struggling for justice from 67 to 93 for correction of seniority & struggling since 1993 for my pensionary dues.

Of course there is different prescribed period for retention of different types of records in Government offices, but you may better post your problem in a separate thread by making a clear mention of the type of record, which was denied to be supplied to you. May be some experienced expert feel capable of solving your problem, if discussed separately with specific reference to the exact nature of problem you have faced.

.

Originally posted by : Jefferson
	This is very bad that after you have filed for RTI also your office people cannot give you justified answer. I would like to suggest you to ask the help of essaypro.com writing service blog experts who can direct you and give you suggestions to make your move forward on this issue.

Good sugession for the querist, Mr. ptvr, from Mr. Jefferson! Get an essay written about your service from him and submit for essay competition to your employer instead of asking for record or requesting for volutary retirement.

Originally posted by : Sudhir Kumar
	Unless the genesis of your greivance is not known it cannot be advised whether you should go ahead to RTI or to file CAT case.

@ Sudhir Kumar,

Your hopes may probably get dashed for genesis of the problem,, as I feel the probelm is of some hypothetical nature. However, I wish the problem should be real and the querist should get some real life solution, rather than theoretical hits and trials by the readers, as existence of some specific administrative procedure in such type of cases cannot be overruled.

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First of all he has been wrongly advised to file RTI.

He is now being wrongly advised to issue notice.  (probably due to his hiding of facts)

one is supposed to geet leave sanction orders periodically with copy addressed to him and he himself has this information.

Even when there was no RTI still employee was required to see and sign his service book and also obtain copy if needed.

He has not narrated the problem and is seekig solution.

He alone is the sufferer becausse of secracy being maintained by him regarding facts of the case and the problem faced by him.

Originally posted by : ptvr
	Sir can you elloborate who will claim damages? Me or the department. Should I send the legal notice through CAT or court?

This question is hypothetical in the absence of facts.

You are not even elaborating cause of action and wanting to be advised as to who will claim damages.

Given facts do not show whether at all any damages are actionable.

@ Sudhir Kumar,

I found almost all the replies to be misleading that was of no legal or administrative value for the querist.