Right to Information Act (Case)
Mukul
(Querist) 17 March 2010
This query is : Resolved
(1) An employee requests the PIO of her Department (of a State Government) for a copy of the proceedings initiated against her colleague, by which a judicial inquiry had been initiated against the latter for gross misconduct. She also asked for the file containing all the documents collected against the colleague as also the information about the evidence collected against him. The inquiry is yet to be completed and action, as applicable, yet to be taken.
1. (a) Which of the information asked for can be given? Which information cannot be given? Why not? Can the reason for denying any of the information be just that the person asking for it is an employee and the information also pertains to an employee? If yes, why? If no, why?.
2. (b) At this stage itself, if the information is denied by the Department concerned, can it be obtained from the court (inquiring into the matter) which would also be holding the information and which is a higher authority in this case? What are the chances that the Court would be a Competent Authority under the `RTI Act, 2005`?
s.subramanian
(Expert) 02 November 2010
Go through the schedule appended to RTI Act .
R.Ramachandran
(Expert) 02 November 2010
Dear Mukul,
Instead of getting into speculation which information can be given, which cannot be given and why not etc., I would advise you to seek whatever information that you need under the RTI.
If the PIO refuses any information, then you prefer an Appeal. That is how the matter has to be proceeded; instead of endlessly speculating here.
