RTI Act, 2005 (URGENT REPLY REQUIRED)

Sunny Honey (Querist) 12 December 2009 This query is : Resolved
A PIO DISPENSES THE INFORMATION CONCERNING A PERSON,(HAVING RELATION TO A MATTER IN RESPECT OF WHICH A DEPARTMENTAL ENQUIRY STANDS PENDING) TO A INFORMATION SEEKER UNDER RTI ACT, 2005.

SINCE THE RULING AVAILABLE IN THE CASE OF SARVESH KAUSHAL vs F.C.I. AND OTHERS 243/ICPB/2006 AND 244/ICPB/2006 CLEARLY HIGHLIGHTS THE FACTS DULY GIVEN CONSIDERATION BY THE AUTHORITY BEFORE WHOM SUCH ISSUE WAS PENDING THAT --- NO DISCLOSURE IN CASE OF PENDING DEPARTMENTAL ENQUIRY (AS IT WAS COVERED BY SECTION 8(1)(J) OF THE RTI ACT, 2005.

NOW SINCE THE PIO HAS DISPENSED THE INFORMATION RELATING TO A MATTER IN RESPECT OF WHICH ENQUIRY WAS PENDING, CAN THE PERSON WHOSE INFORMATION IS SO GIVEN BRING OUT AN ACTION FOR DAMAGES IN FORM OF DEFAMATION AGAINST THE PIO FOR GRAVELY VIOLATING THE PROVISIONS OF THE RTI ACT / OR GROSSLY VIOLATING THE DUE CONSIDERATIONS ARRIVED AT BY THE AUTHORITY DECIDING SUCH ISSUE IN THE AFORESAID RULING.

AN URGENT REPLY IN THE MATTER REQUIRED.

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Raj Kumar Makkad (Expert) 12 December 2009
Definitely the affected employee has got a cause of action against the erring official who has defamed him under the public views by supplying the applied information without adhering to the relevant rules of the department. Sp action can be initiated on his part.