Rti application
sunil
(Querist) 07 August 2014
This query is : Resolved
One of Railway Employee has sought help from RTI Activist for seeking information and the department has issued him charge-sheet and E.O has proved charges. taking help from RTI Activist is illegal.
Guest
(Expert) 07 August 2014
Depends on the nature of information he sought through RTI activist and the provisions of the Railway Servants Conduct & Discipline Rules.
So, better consult Railway Service Conduct & Discipline Rules. If that is treated as pressure by the employee through outsiders or politicians the charge sheet can be justified.
V R SHROFF
(Expert) 07 August 2014
Only if the Employee passed out any confidential information to RTI ACTIVIST,
Otherwise how Rly knows who hired a RTI activist??
Devajyoti Barman
(Expert) 07 August 2014
without seeing memo of charges it is difficult to advise.
Advocate. Arunagiri
(Expert) 07 August 2014
Seeking the help of an RTI activist is not illegal. But, there must be some thing else for the action taken on that employee.
Sudhir Kumar, Advocate
(Expert) 07 August 2014
I am not able to agree of disagree with any or the experts above. In disciplinary matters no views can be expressed without seeing papers.
Guest
(Expert) 07 August 2014
Mr. Sudhir,
Either you could have disagreed or agreed with the views of any or all the experts, if you could not express your views independently.
It is quite irrelevant on your part to say, "I am not able to agree of disagree with any or the experts above," when you have stated, "in disciplinary matters no views can be expressed without seeing papers."
Sudhir Kumar, Advocate
(Expert) 08 August 2014
Mr Dhingra is right, I should have either agreed or disagreed or could have expressed views particularly since I have long experience in disciplinary matter.
In this case the author is saying that he is chargesheeted because of taking help of RTI activist. If really the charge says so it is certainly illegal. But is doubt whether someone will sign such a chargesheet and render himself liable for stricture/fine by CIC. It is also not clear what information he sought and what was provided.
It may also be possible the enraged by RTI deptt has found some actual and imaginary petty matter, blown it and made a charge.
So without seeing the chargesheet (or atleast knowing the contents thereof), it is not fair for me to agree or disagreee with views expressed.
Guest
(Expert) 08 August 2014
In my views there is no need to see the charge sheet. The only thing required of the author is make a brief description how the department has related the charge with the RTI activist in the chargesheet, itself.
So far as enragement of the department by RTI issue, almost every department gets enraged, if someone asks for any information through RTI and more particularly if the information seeker is its employee.
sunil
(Querist) 09 August 2014
I am So Much Thankful to the hon'ble Experts for their valuable opinion. However, the Memo of charges proved is as:- Inspite of being a disciplined member of the force the party charged had contacted an outside r person named Shri Sameer Jhaveri. During the course of DAR statement of shri. samir Zaveri was recorded and in point no. 6; he voluntarily states that he had filed the RTI on the verbal request of the party^charged The aspect of social status and social services, RTI related activities of shri' samir zavei as an outside individual or the various awards conferred on shri. samir Zaveri has no relevance when it comes to the laid down rules that has to be followed or is expected to be followed by a the members of the Force. Thus by all means the party charged has acted in contravention to the laid down rule No. 113 and 145 of RPF Rule 1987 and rule 1(iii) of Railway service (conduct) Rule, 1966.
The RPF Rule 113 is :- 113. Redressal of grievances through outside influence:
113.1 Members of the Force are forbidden to approach officials of other departments,
members of the legislatures or private persons for support in pressing individual
claims or obtaining redressal of their grievances. All members of the Force are
similarly forbidden to approach members of legislatures with a view to having their
individual grievances made the subject of interpellation in the legislatures.
The RPF rule 145 is as :-145. Rules governing conduct:
The Railway Services (Conduct) Rules, 1966 as amended form time shall, so
far as may be, apply to all members of the Force as they to Railway servants.
The Railway Services (Conduct) Rules, 1966 is as :- 3. General. -- (1) Every railway servant shall at all times-
(i) maintain absolute integrity;
(ii) maintain devotion to duty; and
(iii) do nothing which is unbecoming of a railway servant.
Respected experts Please do give your valuable opinion for further course of action to be taken by party charged.
Guest
(Expert) 09 August 2014
So, my observation was correct about outside pressure for employee's claim.
When forbidden to approach officials of other departments, members of the legislatures or private persons for support in pressing individual claims or obtaining redressal of their grievances, and proved on evidence of the personal statement of the RTI activist, taking help from RTI Activist was clearly a misconduct on the part of the employee, which the Rule 113.1, which you have quoted, yourself.
So, there was no illegality on the part of the employer. He acted only as per the requirement of rules of the organisation.
However, the employee is free to submit an appeal to the appellate authority and seek his pardon with the assurance not to repeat such instances in future.
