RTI

It is been decided by the National Commission,  by a trend setting landmark judgement, that an RTI applicant is a  "Consumer" within the defination of the CPA  and if the   RTI  P.I.O.  fails to provide appropriate information, then the  P.I.O.  is deemed guilty of   "deficiency in service"  and  he becomes liable under the CPA  and the consumer court has now jurisdiction to award compensation and charges to the RTI applicant cum CPA Consumer .

 

RTI applicant can now  " ALSO  ADDITIONALLY "  file a complaint in the District Consumer Forum, if the  P.I.O. (under RTI)  fails to provide appropriate information under RTI.

 

for details read : https://www.lawyersclubindia.com/forum/message_display.asp?group_id=11916

 

Keep Smiling .... Hemant Agarwal

 

The definition of the term 'information' under Sec.2 (f) is 'any material in any form ......... held .......

The word 'held' decides about disclosure of information.

The definition of the term 'right to information' under Sec. 2(j) is 'the right to information accessible under this Act which is held by or under the control of any public authority.

Therefore, unless the informaiton is held by or available with the concerned public authority it mayl not come under the definition of the Act nor the question of its disclosure arises. 

In the present case, if the public authority does not possess the applications made for recruitment seven years ago, the question of their disclosure may not arise.

 

The Karnataka state police (KSP) depertment issued enordement  also we have filed the Apeal before the Karnataka Information Commission (KIC). The question is what consequnces for the department recruited the non-eligible candidate and supress the material facts. The candidate was involved in the criminal case before joining the department. What consequence for the candidate.

Was the criminal case pending at the time he applied. If it had ended in his acquittal then it would be a different matter. If it was pending, then he could have suppressed that information. In such a case R.20 of General Recruitment Rules stands attracted and his action in suppressing the pending criminal case amounts to misconduct. If a candidate makes statements which are incorrect or false or suppresses material information, then he renders himself forcriminal prosecution and to disciplinary action and the Government can debar him either permanently or for a specified period from employment under it.