Rti
Naresh Mohan Gupta
(Querist) 25 September 2011
This query is : Resolved
I have asked the following question under RTI:"An officer of weak/bad character at the post of any unit of an organisation may cause problems to his sub-ordinates & their families.Does our organisation think that person on this post should have a good character? If yes, is there any mechanism in the organisation to verify the character of the person, to be appointed/promoted to this post? If yes what is the mechanism? How the monitoring of the units on this aspect is made by the head office?"
There were some other queries too pertaining to unit(where I am posted) of the organisation so the copy of the letter was forwarded to the unit Head. Unit Head has issed me a memo. the exact contens of the memeo are as given below:
"This has reference to yr letter seeking various informations through RTI which is recd in this office on ....vide lttr no....dtd... through Central Public Information Officer. With regard to point no.., you have alleged upon the character of the head of the unit. In this reference, you are directed to intimate, on what basis you have made comments and have raised question on the character of head of unit and since you are not any authority why you are concerned with the assessment of the character of Head of unit. You are hereby directed to submit yr explanatio immediately otherwise disciplinary action as deemed fit under CDA rule shall be taken against you"
My query is: Does it come under purview of indiscipline? Can Head of unit issue me such memo? Is it not an act of threatning? Is it not the act of challenging the RTI Act?
What should I do? Am I bound to give explanation?
R.Ramachandran
(Expert) 25 September 2011
You have got a right to ask RTI query. The organization has to give answer to the extent permissible.
Similarly, the organization in which you are working has every right to issue a show cause notice in case they feel that you had infringed any of the provisions. The contents/allegations in the show cause may be correct or incorrect, but you have to give reply to the show cause notice appropriately. Non-replying to the show cause notice will intself be treated as a misconduct.
Guest
(Expert) 25 September 2011
If your question is of a general type without naming the head of the unit, as you stated in your question, no show cause notice would have been justified to you. However, if you have specified the name and designation of the officer concerned, you can be served with a show cause notice, but the same head of the unit cannot do so. His higher authority should have issued you the show cause notice due to the involvement of the officer concerned. If the officer named has issued a show cause notice that would be a sort of suppression and torture being thrust on you for asking such a question against him.
prabhakar singh
(Expert) 25 September 2011
To me,if your question imputes personally against an officer or head of organization a show cause notice by an officer superior in office from that imputed officer can be issued and you should then reply as of obligation.Otherwise also, if the notice of show cause has arrived ,it is better to answer it than to keep mum.
Raj Kumar Makkad
(Expert) 25 September 2011
By reading again and again your query raised, I found no incriminating material personally against head of your organization though your question is highly vague and has no definite reply.
You should clarify your position in reply to your show cause notice within the stipulated time and should read the selection process of employees of your department including your head instead of desginating them weak or abusive mind.
Naresh Mohan Gupta
(Querist) 29 September 2011
In our organistaion, the officer on various level(by grade/desgnation) can be designated as Head of unit. I have not named anyone.The reason of asking such a question has arisen in my mind by seeing/hearing frequent incidences of such type ( which are considered immoral in our culture/society) on TV news channels/in newspapers in which head of units/officer on very high ranks are involved, that's why first I had tried to explain the necessity of the informations. I have asked some more informations where I have first mentioned that so & so irregularities are being done by so & so officers ( here too only designation has been mentioned , not the name of any individual).In view of these clarifications, what may be the legal implications? Kindly advice me? Also advice me the most appropriate legal reply to the show cause notice?
