Non-denial of prmotion law point on rti
jayesh sinha
(Querist) 09 February 2013
This query is : Resolved
i had asked for sanctioned strength of iow from personel department through rti and got reply under rti and now they are denying the information given in rti when as per rti information provided i am eligible for promotion my law point is can the railway adminination via affadavit if they say the information provided under rti is wrong in central administrative tribunal will it stand in court of law since my promotion is based on rti information provided and i have already paid the fees to my advocate what are the view of all service experts as to what should be the course of action
Raj Kumar Makkad
(Expert) 09 February 2013
Nothing concrete opinion can be given merely reading on our query. It doesn't lie in the mouth of a department to claim that the information earlier provided by them under RTI is wrong. It is additional arbitrariness on the part of that particular department. You shall definitely get benefitted by change of stand of the department.
jayesh sinha
(Querist) 13 February 2013
now the department has changed its stand and hide the factual should i ask in my prayer to fix responsibility or should i have to write to cic delhi for imposition of penalty
Sudhir Kumar, Advocate
(Expert) 17 February 2013
Please .e. You have not been able to describe the situation. Better take help of someone who can make readable sentences.
What is deciphered from you r query is that :-
(i) you are employed railways.
(ii) you asked vacancy details of higher post under RTI.
(iii) you claimed promotion on the basis of information received in RTI.
(iv) you have filed CAT case.
(v) department is now contending in CAT on affidavit that information given in RTI is wrong.
Based on these facts only following opinion can be formed.
(I) If deptt contends before the court that the information given by you (forget about RTI at the moment) is wrong then they are bound to submit correct information and if they do not then you can insist on the same either by oral submission of your advocate or by filing MA. Your advocate in CAT is the best judge.
(II) Notwithstanding the above complaint can be made to CIC for giving wrong information but better submit the matter to Appellate Authority alongiwth the affidavit claiming to have been wrongly informed.
(III) in case you lose case entirely on the ground of wrongful information then you can sue the CPIO separately. You can even approach CVC for disciplinary action against him.
Guest
(Expert) 17 February 2013
Incomplete information cannot fetch you proper guidance. You have not stated, how & why your promotion was due, whether DPC was held or not, whether DPC declared you fit or unfit for promotion, whether any disciplinary case was pending against you on account of which the promotion was denied to you. There are several other yardsticks and processes that have to be taken care of by any department.
Any information received through RTI or mere information about the sanctioned strength cannot become the source for promotion, unless other necessary processes are accomplished or got accomplished to declare an employee fit for promotion and to issue orders for that.
So, better state your problem very clearly along with background of the problem.
jayesh sinha
(Querist) 17 February 2013
i am railway employee and asked for sanctioned strength of year 2007 i got information total sanctioned strength as 33no based on which as per railway laid down norms i found that they have operated less sanctioned strength than railway laid down norms they gave je(wks)under rti as 5no though as per railway laid down norms it should be 8no based on which i asked for my promotion from year 2007 by departmental representation also i raised the issue through union the personel officer gave information that total sanctioned strength as 22no in depertmental forum i have not gone to court till now only i had given advance to my advocate to file case in cat based on RTI information MY question in the forum is that if i file case in cat based on RTI INFORMATION can the personal officer deny the information given in rti and can responsibility can be fixed on him or what option the railway department (hypothetical question)will do these question i am raising so that my advocate can demand in his prayer
Guest
(Expert) 17 February 2013
Information supplied through RTI would not be denied. But, as I already pointed out, unless other departmental formalities are completed, matter of promotion may linger on. The CAT is only expected to give direction to the Railways to complete the formalities within some specified time and give promotion, if otherwise permissible.
