Information under rti
Querist :
Anonymous
(Querist) 12 August 2011
This query is : Resolved
Sir,
Under an RTI application I asked about the reasons of termination of a contract employee by a central ministry.
But they denied to provide that this does not comes under that category of information, i.e. to provide reasons to citizens about something has been done or something has not been done, why or reasons.
In this manner are govt. authorities are free to do anything as per there wish and hide whole thing under this ? If not then what could be the way to get the reason for termination.
Thanks & Regards.
ar
Querist :
Anonymous
(Querist) 12 August 2011
In the reply they referenced a bombay high court judgement supporting to there plea with the reference of case and all details.
What to do next ?
R.Ramachandran
(Expert) 12 August 2011
Dear Anonymous,
First and foremost you should understand the provisions of RTI.
Under RTI you can only seek information.
If you ask whether any contract labour has been terminated - you will get positive reply. If anybody had been terminated, you will get a reply "YES".
If you ask please give the name of the contract employees who have been terminated - again you will get proper answer - they will give you names of the employees terminated.
But you cannot seek explanation / clarification for their action.
What you have asked in your RTI application is "reasons of termination of a contract employee by a central ministry."
The PIO is not obliged to give you any reason for their action.
Therefore one should know what one can get under RTI and what one cannot get through RTI.
The suggestion given by Adv. Mr. D.V.Rao to you to make Appeal is highly misleading and not according to the provisions of the RTI Act.
Querist :
Anonymous
(Querist) 12 August 2011
Sir,
What can we do, if we feel that is not as per law, they did unethically without serving a notice to the contract employee with salary of approximately38000(Just to give a feel of level of emloyee with designation of Project Scientist).Generally in case of contract employee, before terminating is supposed to serve a month notice to the employee, but they did not.
Thanks & Regards.
Raj Kumar Makkad
(Expert) 12 August 2011
Serve a legal notice to concerned authorities failing which file writ.
R.Ramachandran
(Expert) 12 August 2011
As regards the terms and conditions of the contract employee (whatever may be the level), there is no question of any 'supposition'. You have to see what the contractual terms state. If the contractual terms state that one month's notice is to be issued then it has to be issued. If it talks about pay in lieu of notice, then pay can be given. In any case it will all depend upon the actual terms and conditions of the contract.
Advocate. Arunagiri
(Expert) 12 August 2011
You can obtain the termination copy, that copy would tell you the reasons for termination.
Based on that info you can proceed.
Querist :
Anonymous
(Querist) 12 August 2011
No, they just mentined, hereby with immediate effect services of mr. xxx xxx has been terminated.
No reason has been mentioned. so how the reason can be fetched from them, they are resisting as they did unethical.juat "manmani"
R.Ramachandran
(Expert) 12 August 2011
Dear Anonymous,
Before saying whether they are doing unethical things or manmani, better look into the terms of the contract. Without doing this minimum, please do not jump to conclusions. That will be of no help to you.
At least paste the entire contract here, so that any one of us can go through and give our view.
M/s. Y-not legal services
(Expert) 13 August 2011
If your seeking information does not covered under section 8 of r.t.i act, the concern information officer not allowed to deny your application. File an appeal. There also no fruitful result mean file a writ petition for your further remedy.
K.S.Srinivas
(Expert) 13 August 2011
Yes. Under the rti act 2005 questions can not be put. Only information can be sought for.
In respect of other things, I agree with Mr.Ramachandran.
DV Rao Advocates-Hyderabad, (C
(Expert) 12 August 2011
