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Shantanu Wavhal (Worker)     28 July 2013

Service book can be obtained - rti

some1 kindly furnish the full decision 

 

The Central Information Commission has decided an appeal  on Service book of Government Employee with following directions:

 

The Commission however, holds that the Public Authority is obligated under section 4(1)(b) the RTI Act to disclose information related to the service of its employees and is not convinced by Shri D’Costa’s argument that such disclosure will endanger his physical safety as all this information is anyway expected to be placed in the public domain.
The Commission accordingly directs the PIO to supply a copy of the service record of Shri Allan D’Costa to the Appellant after invoking Sec.10(1) of the RTI Act to sever all those portions that are exempt from disclosure u/s 8(1)(j) of the Act as personal information. The information should reach the Appellant within four weeks of receipt of this order.



Learning

 7 Replies

Shantanu Wavhal (Worker)     28 July 2013

yuppiiiieeeeeee

 


Attached File : 534419543 cic ad a 2012 002874 m 109541.pdf downloaded: 369 times

Shantanu Wavhal (Worker)     28 July 2013

another decision :

 

In the Central Information Commission

at

New Delhi

File No. CIC/AD/A/2012/000739

Date of Hearing : March 21, 2012

Date of Decision : March 21, 2012

Parties:

Appellant

Shri Ram Chander

A73,

Shyam Vihar

Phase I, Goyla Mod

Najafgarh

New Delhi 110 043

The Appellant was not present.

Respondents

Directorate of education

Government of NCT of Delhi

New Delhi

Represented by: Ms. Anita Satia, DDE (South)

Information Commissioner : Mrs. Annapurna Dixit

___________________________________________________________________

In the Central Information Commission

at

New Delhi

File No: CIC/AD/A/2012/000739

ORDER

Background

1. The Applicant filed his RTIapplication

(dated 05.10.2011) with the PIO, Directorate of Education, Defence

Colony, New Delhi seeking certain information about vacancies available for admission in Sanwal Das

Memorial School, KMP, New Delhi 03 against Economically Weaker Section (EWS) quota. He, in addition,

also asked for photocopy of service book of Ms. Anita Satia, DDE (South). Since the Applicant did not

receive any reply from the PIO within the stipulated time frame, he proceeded to file his first appeal with

the Appellate Authority on 14.11.2011. The Appellate Authority through his order dated 21.11.2011

directed the PIO to supply the information to the Applicant within 10 days. He also suggested that in case

the PIO has already supplied the information to the Appellant, she should provide proof of the same to the

Appellant. The PIO accordingly on 24.11.2011 informed the Appellant that the information has already

been supplied to him by a letter dated 18.11.2011. She also furnished proof (i.e. speed post receipt) of

having sent the said letter dated 18.11.2011 to the Appellant. The Appellant thereafter filed the present

petition (dated 27.12.2011) before the Commission complaining that information in respect of item no. 7

(viz., service book of Anita Satia, DDE) of his RTIapplication

has been denied to him.

Decision

2. Heard submissions.

3. It is noted that the Commission’s position in its past cases with regard to the disclosure of ‘service book’ of

a government servant (the subject matter of the present petition) has been that the service details of a

government employees are not completely exempt from disclosure under the provisions of the RTIAct.

Only those information (like details of nominees; deductions from monthly pay bills, insurance details

etc.), disclosure of which might cause invasion of privacy of a third party has been decided to be withheld

from disclosure, while other category of information ie service details (like, date of appointment, place of

posting, details of increment in salary etc.) which are already in circulation or are available in the public

domain , and are very much a part of a ‘service book’ of a government servant, have been allowed to be

made available to the information seeker.

4. In view of the above, it is directed that the PIO shall furnish the present information (i.e. copy of service

book of Ms. Anita Satia, DDE, South) to the Appellant after excising from it, under Section 10(1) of the

RTIAct,

all the details which are personal to the third party. The information is to be furnished to the

Appellant by 30.04.2012.

5. Appeal is disposed of with the above directions.

(Annapurna Dixit)

Information Commissioner

Authenticated true copy

(G.Subramanian)

Deputy Registrar

Cc:

1. Shri Ram Chander

A73,

Shyam Vihar

Phase I, Goyla Mod

Najafgarh

New Delhi 110 043

2. Appellate Authority

Directorate of Education

Government of NCT of Delhi

Office of the Regional Director (South)

C4,

Vasant Vihar

New Delhi

3. Public Information Officer

Directorate of Education

Government of NCT of Delhi

Office of the Dy. Director of Education

Distt. South

Defence Colony

New Delhi

4. Officer incharge,

NIC

Note: In case, the Commission’s above directives have not been complied with by the Respondents, the

Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct,

giving (1) copy of

RTIapplication,

(2) copy of PIO’s reply, (3) copy of the decision of the first Appellate Authority, (4) copy of the

Commission’s decision, and (5) any other documents which he/she considers to be necessary for deciding the

complaint. In the prayer, the Complainant may indicate, what information has not been provided.


Attached File : 534428310 service book 2 - cic ad a 2012 000739 m 79229.pdf downloaded: 212 times

Sudhir Kumar, Advocate (Advocate)     28 July 2013

service book can be obtained even without RTI as per DOPT instructions.

Shantanu Wavhal (Worker)     28 July 2013

Originally posted by : Sudhir Kumar

service book can be obtained even without RTI as per DOPT instructions.

 

what is DOPT ?

what is the procedure to be followed ?


kindly explain

Shantanu Wavhal (Worker)     29 July 2013

https://coa.delhigovt.nic.in/books/book6/chapter%204.htm

4.16    A certified copy of service book may be supplied on payment of a copying fee Rs. 5/- to a Government servant who asks for it on quitting Government service, by retirement, discharge or resignation.

 

here, i m a harassed husband (3rd party), wanting to get wife's Service Book who is a govt. servant.


Sudhir Kumar, Advocate (Advocate)     29 July 2013

a query without full context is always liableto get half or wrong response. The same happened here.

 

Rule position referred by me relates to service book of self.

 

Service book of other person can be got under RTI only.

Shantanu Wavhal (Worker)     29 July 2013

right sir !

but its good.

now this post tells everything about obtaining Service Book - 1. of self & 2. of third party


in fact, ur response made this post Complete.

:)


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