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patel (employee)     18 August 2015

Rti by governement employee on his employer

dear sir i am a government employee.i want to know certain dfetails from my employer.can i file rti over my employer.in that case will there be any problems to me.kindly advice



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 August 2015

No problem at all. It is a right of every citizen of India. Irrelevant to the jobs, 

patel (employee)     19 August 2015

thank you very much ramachary sir

G.L.N. Prasad (Retired employee.)     19 August 2015

Himachal HC has turned down such a writ, and ruled that employee can not seek information from his employer.

We always advise for filing applications on his own by Govt employee, to avoid problems with his superiors, and for filing applications through his friends or relatives to avoid friction in work place.

Till some one challenges the HHC order, it is in dispute.  However any citizen can seek information and because he is an employee because a Public Authority is his employer, it is not that his rights are extinguished.

G.L.N. Prasad (Retired employee.)     19 August 2015

I am sorry the decision was from Himachal SC and the following are details. (I have stated in above post as HC instead of IC)

STATE INFORMATION COMMISSION

Before: Sh. K.D. Batish, SIC

Appeal/s No. 0380&0381/2014-15

Appellant/s: Sh. Sohan Lal Thakur, Jr. Assistant, O/o Agriculture  Presemt Respondent/s:PIO-cum-Dy. Director(Agriculture)Shimla-5. Present- Statistical Officer, Agriculture Deptt.,Shimla-5.First Appeal dt.17th Aug, 2015  Under RTI Act

 

In the light of above discussion, it may be safely concluded that a government servant cannot file an RTI application before the public authority where he himself is employed. In view of this conclusion both  these second appeals are disposed of as having no merit. Announced.

 State Information Commissioner, Himachal Pradesh, Shimla.

Place : Shimla   Dated: 12.03.2015

(Hon.CJ Karira of RTI India has even found that the same IC as a Public servant himself filed RTI applications to Govt)

Kishor Mehta (CEO)     19 August 2015

Sir,

Section 8(1)(j) of RTI Act 2005 reads as under:

8(1)(j)  Notwithstanding anything contained in this Act there shall be no obligation to give any citizen 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 unless the CPIO or SPIO or the Appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information...........

This answers your query.

Good Luck,

Kishor Mehta

G.L.N. Prasad (Retired employee.)     19 August 2015

Any citizen can seek such information on record or under control from Public Authorities and subject to exemptions Sec.8 & (9.

The  issue here is whether a Government servant can seek such information from his organisation through RTI ?  

(This is not connected to exemptions of invasion of  privacy and specific to seeking information as a right that information which is not exempted under Sec.8 or 9)

Infact Sec.8 (i) (j) is not exemption, but a facility to be considered when larger public interest is involved.  The Public Authority mentined in this  Section as to who decides LPI  is a matter of high dispute)

 

Sudhir Kumar, Advocate (Advocate)     20 August 2015

Most of the RTI are by employee only.


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