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LAXMI   22 October 2016

Personal file copy on rti

I am a PSU employee on study leave apprehend some problem the way I was allowed to go on study leave....Can I ask the copy of my service file under RTI act

LN



Learning

 31 Replies

Sudhir Kumar, Advocate (Advocate)     23 October 2016

Yes.                                    

G.L.N. Prasad (Retired employee.)     23 October 2016

Without an iota of doubt, it must be provided to you as certified coopy, as it is your record.

Ms.Usha Kapoor (CEO)     23 October 2016

Yes! You  can access your service file by filing an application u/s 6(1) of RTI Act to  concerned  designated Authrity or Public Information Officer.I'm posting the relevant information here. Please read on:If you appreciate this answer please click the thank you button on this forum.

Can a Government employee If submit RTI application relating to his service records?

Dec 8, 201
Question:

Can a Government servant directly submit RTI application, pertaining to his own service records, to the concerned public information officer without routing it through the head of office?

Reply:

Section 3 of the Right to Information Act, 2005, specifically states that: “Subject to the provisions of this Act, all citizens shall have the right to information”.

A government employee is no doubt a citizen, and therefore, he has equal right to seek information from the concerned authority. The RTI Act was enacted only to lay down the procedure for obtaining information since the substantive right to information was already recognized by the Supreme Court as a fundamental right of the citizens. Therefore, in my considered opinion, a government employee is equally entitled to get information under the RTI Act from his employers, since it is his fundamental right under the Constitution.

Moreover, Section 6 of the RTI Act lays down as under:

6. Request for obtaining information.—(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—

(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;

(b) the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be,

specifying the particulars of the information sought by him or her:

Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.

(2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

… …”.

It is thus clear from the provisions of Section 6 of the RTI Act that the application for seeking information under the RTI Act is required to be made to the concerned Public Information Officer or the Assistant Public Information Officer of the concerned authority. Thus, whosoever is declared or designated as such Officer in the department for providing the type of information required by the Government employee, is required to be contacted by him for seeking RTI information. There is no provision in this section that such Government employee is required to route his RTI application through his head of office. This provision allows making of a direct RTI application to the concerned public information officer. Therefore, in my considered opinion, there is no need to route the RTI application through the head of the office and a Government servant may directly send the RTI application to the designated Public Information Officer as required under the above section.

It is also pertinent to point out that as per above quoted sub-section (2) of Section 6, there is no need to give any reason for requesting the information or any other personal details except those that may be necessary for contacting the person seeking the information. Thus, under the law, a Government servant is required only to provide his contact information and he may not even be required to inform that he is a government employee. Of course, if a Government servant so wishes, he can inform the officer concerned about his status as a government employee. However, if a Government servant is seeking information about his own service records, and if it is felt that such information is held in fiduciary capacity, then it may be advisable to reveal his status since in that case the clause relating to withholding of information under Section 8(1)(e) of the RTI Act (i.e., for information held in fiduciary capacity) may not be applicable if he is seeking his own information.

Notwithstanding what is mentioned above, if a Government servant so wishes, he can first make a simple request (instead of an RTI application) to his seniors to provide the information required by him, though it is not required under law.

Secondly, if the Government servant has decided to directly file the RTI application, if he so wishes, he can send a copy of his RTI application to his head of office just for his information, though this is also not required under law. However, as mentioned by me above, this is just as a choice as a sort of courtesy to one’s seniors; but, a Government servant has every right under the laws to directly make an RTI application to the concerned public information officer for seeking the requisite information.

 

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Dr. Ashok Dhamija
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate, holds Ph.D. in Constitutional Law, and is author of 3 law books. He is an ex-IPS officer and is the founder of this law portal. Read more by clicking here. List of his articles. List of his For
 
 
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Kumar Doab (FIN)     23 October 2016

Why service file/record/card/personnel file etc etc; you may include the communications sent by you and inserted for you.

Sudhir Kumar, Advocate (Advocate)     23 October 2016

Actually you want copy of servic ebook and many govt employess call it service file.

 

You were entitled to copy of the same even before promulgation of RTI Act.

Kumar Doab (FIN)     23 October 2016

Obtain the copies.

LAXMI   12 November 2016

Respected cosultants should I apply through RTI provisions or as an employeee , beg apology if it looks silly doubt

 

G.L.N. Prasad (Retired employee.)     12 November 2016

If it is your record, it has to be provided only to you as personal information.  There is no difference between an employee and citizen seeking information.  Any citizen can seek information from Public Authority, but in case of personal information that person whose record is required has to seek that information in his name only.  Personal information can not be provided to any third party as it is exempted under sec. 8 (1) (j) of RTI Act.

(There is no exemption in RTI Act and ifl arger public interest can be established, PIO has to provide that information)

LAXMI   30 November 2016

Esteemed Cosultants, I have requested my employer under RTI act for a certified copy of my personeel file/service record/service book containing all documents/decision/amendments of existing circular pertaining to my service

My employer  has replied since it is voluminous kindly visit the office witha predefined time and date to inspect , My problem is I am on study leave at Delhi more than 6000 km from my office and also I need a certified copy since I want to consult a legal expert since I am apprehending certain things, if i go physically I will face an uncomfortable situation, Please advice can I still request/insist for a certified postal copy on payment.Thanks

Kumar Doab (FIN)     30 November 2016

Ask them to provide in CD.

Or take time to copy and supply to you and let you know the fee.

LAXMI   30 November 2016

Sir since our organisation is a PSU and most of records are in hard copy starting from recruitment till I was released on a contoversial study leave (which I am right now) to supply on CD they have to convert everything to soft copy so the question remains can my employer ask me to visit physically when I have categorically asked for certified copy to be sent also can an employer has liberty to deny information as certified copy  saying it is voluminous ,can I insist/request  simplying photocopying and attesting and collection by my local representative authorised by me ,.....thanks sir

Kumar Doab (FIN)     30 November 2016

Can,why,what etc are not your requirement.

Let them state time frame.

 

G.L.N. Prasad (Retired employee.)     30 November 2016

Remember, Public Information officer is supposed to provide that information which is available on record.

That means if the record is available in hard copy, he can not for your sake convert the same hard copy to CD and can provide you.  Hence forget about that.

The second important thing in RTI is information is in different forms like providing information in letter form, in xerox copy, in certified copy, in CD and permitting inspection.

PIO is under obligation to provide the information in the form it is requested.  He can not suggest voluminous etc for denial.  Inspite of this important section, still CIC is not taking the PIO not providing information seriously and just asking him to provide the information in the form it is requested.  (This should be used only when the record is brittle or can not be moved out for xerox on security reasons etc)

You have two options>

1)To request for inspection through representative and authorising a representative with such competency.  You can avail any friend's help at Delhi.  But he should be competent.

2.File first appeal to First Appellate Authority drawing Sec.7 (9) stipulation which is as follows:

(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the Public authority or would be detrimjental to the safety or preservation of the record in question"

Grounds for Appeal: Appellant has sought information in the form of hard copy and prepared to pay any amount of copying fee as prescribed under RTI.  As per Sec. 7 (9) PIO is under obligation to provide the information in the form of hard copy as solicited, and offering it in some other form is not justified, particularly when the appellant was residing several thousands of kilometers away and the journey takes three days and involves expenditure of more than Rs.15,000/- in addition to wastage of precious time.  PIO can deny information only under Sec.8 or Sec.9 and such justification.  This section 7 (9)  is never intended to denial of information and it only speaks of the form of information.  Hence appellant treats the information as deemed denial with deliberate and malafide intentions.  Hence this first Appeal.

PRAYER:  Appellant prays for directions to providing of information in the form in which it is requested under Sec. 7 (9) as appellant is prepared to pay any expenditure.  Further PIO has to demand the copying charges by providing of such list of documents with such  calculation and inform the appellant.

First file First Appeal to FAA as mentioned in PIO response.   Then hunt for a representative at Delhi and entrust this work to him through authorisation.  Remember, if it goes for appeal it takes minimum of two years and the result is uncertain.  So explore both options of first appeal and alternative of deputing representative.

 

LAXMI   30 November 2016

Thank you sir ..In another query to my employer last  they smartly refused saying providing information   would disproportionately divert the resources of the Public authority ..now this reply to day..they have asked me to come on 28/12/2017 11am to their office which is 6000km away from delhi/my communicating address sent on RTI application...they are officially aware I am on studty leave tii next 6months also...RTI application is in my own name also ..Certified copy will help me in seeking expert opinion also
 


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