RTI
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September 13, 2012 at 4:36 pm #74121
Anonymous
Inactive@Bithi Madam,
One can obtain the information of a retired person under Rule 8[j](3) of Right to Information Act, 2005, which stated: –
Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.
So, one can get information of a retired person who retired within 20 (twenty) years from the date of application to obtain information. But practically how it can be possible – I am in full doubt ………….
As because of our system and the Government offices concern ………September 13, 2012 at 6:02 pm #74127Inactive@10moy,
I agree! It means a 20 year old record of a retired employee can be opened to supply information, in terms of the provisions of RTI Act.
Now, my query is that what action should be taken by the PIO of the office if information is sought in relation to the retired employee 25 years after the date of his retirement from service!September 13, 2012 at 6:10 pm #74128InactiveDear Dr Majumder,
The application will be rejected by the PIO as per the Rule I have quoted in my previous post.September 14, 2012 at 3:20 am #74130InactiveDear Dr Majumder,
The application will be rejected by the PIO as per the Rule I have quoted in my previous post.@10moy
The news item published in the Times News, Chennai on Sunday, 22 Nov.,2009 follows that:
Can personal information such as an address of an employee or a pensioner be demanded under the provisions of the Right To Information (RTI) Act? Yes, says the Madras high court.
Justice K Chandru, pointing out that the writ petitioner M Kaliaperumal of Chennai wanted the personal details only to execute a court decree, said: “A pensioner does not cease to become totally out of control from the government. On the contrary, his conduct and character are continuously monitored by the central government. In that context, the whereabouts of such pensioner is also very much relevant and it cannot be a private information. The authorities are bound to help in the execution of court orders.”
Kaliaperumal approached the postal department authorities at Gudur in Andhra Pradesh, seeking information about a man named K Ramachandra Rao, against whom a court order had been passed in a forgery case. Unable to find him at his residence, Kaliaperumal filed an RTI application demanding to know the postal address of Rao as the latter had been receiving his pension from the Gudur post office. However, the RTI plea was rejected on the ground that this was a personal information and had no public interest. His appeal too met with the similar fate.
Pointing out that the address was sought only to execute a court order, Justice Chandru said Kaliaperumal was not able to take further civil and criminal action against Rao as the latter’s address was not known. Directing the authorities to furnish the correct address of Rao within 30 days, the judge said the plea did have a public interest as the pensioner’s exact whereabouts would clear doubts as to whether such a pensioner really existed on the date of receipt of his pension or whether a fraudulent claim had been made on his behalf. “Such information cannot be denied,” he said.
The statement “A pensioner does not cease to become totally out of control from the government. On the contrary, his conduct and character are continuously monitored by the central government” in the first paragraph shows the obligation on the part of the govt. to disclose the information of a pensioner even after 20 years of retirement. The last paragraph shows the merit of the case which offers sufficient scope to PIO to adjudge the situation before taking decision on a RTI plea made on the personal matter of an employee including a pensioner. There is no time bar like 20 years as long as the retired employee is linked with the office/deptt. Perhaps, the PIO can’t readily deny on the plea that the information sought is more than 20 years old.September 15, 2012 at 3:12 am #74151Inactive(1) It is a generally heard that nobody can seek information about himself/herself from own office/organisation under RTI Act. Is it true?
(2) Can anyone make RTI query on the salary or any monetary matters of an employee?
(3) Can the copy of note sheets be supplied to a person under RTI Act?September 15, 2012 at 3:28 am #74152InactiveMadam,
The answer of your all question is “YES”.
Specifically for the Q1. – I am the person who did it.September 15, 2012 at 6:24 am #74160Inactive@10moy,
Sorry brother. As far as I know the answer to Question No. 1 raised by bithi_dutta is “Not true”. An employee can seek information related to himself/herself from his/her office/deptt. under RTI Act,2005.
What is your experience? Can you please show me the relevant provision of the Act!September 15, 2012 at 10:38 am #74162InactiveNow I am confused with the eligibility of an employee for seeking information about himself/herself under RTI Act! Can anybody clear doubt?
Whether Information can be demanded for a pvt. co. under RTI Act?September 15, 2012 at 5:34 pm #74172InactiveDear Bithi Madam,
You are the victim of confusion created by me. I used to access this forum through my mobile, whenever I am on go. By that way, this morning when I was reading your post, in respect of your 1st question – instead of reading(1) It is a generally heard that
nobody can seek information about himself/herself from own office/organisation under RTI Act. Is it true?
– I read that as
(1) It is a generally heard that
everybody
can seek information about himself/herself from own office/organisation under RTI Act. Is it true?–
and replied on that as “yes” – and on the basis of that Dr Majumder replied on counter of my reply – Dr Majumder’s reply is correct and mine is wrong.
I like to ask @admin, for this reason all of my reputation points may be seized from me for misguiding the members of the forum.
@Dr Majumder: – I think now you can understand what type of act I did this morning.
@All members of this forum: – Don’t do anything like me – read all the post carefully and reply those if that is within your capacity with patience and carefully.
Information to @All members of this forum: – 1st of all we are the citizen of India, then we are the employee of our employer. So, being Tanmoy Bandyopadhyay – a citizen of India asked to supply of information to Home Department as well as from the Governor of West Bengal regarding the matter related to One Tanmoy Bandyopadhyay – who is serving a particular branch of Home department, somehow my plea was not rejected but the actual reply was still awaited because the concern file is still on move for that reason the SPIO unable to supply the information, but the concern directorate recommendation to my appointing authority to ask me for explaining from where I got the information of the secret ?? correspondence between the Director with the Principal Secretary (Home). I was placed under order of suspension for 188 days with 11 false and eye-washing charges framed against but the actual reason was why I am knocking the administration by making RTI application. All the charges have been made established and I have been awarded 3 years of Increment stoppage! At the same time my transfer order have also bee passed by my appointing authority by posted me 240km away from home to one of the remote part of a border district!
জানতে চাওয়ার কারনে জানোয়ার বানিয়ে দিয়েছে। বলুন তো প্রশাসনের কত ক্ষমতা!!!
সবার কাছে আবার ক্ষমা চাইছি ভুল ভাল পোস্ট করবার জন্য।September 15, 2012 at 6:44 pm #74166InactiveWhether Information can be demanded for a pvt. co. under RTI Act?
Yes. All pvt. bodies, which are owned, managed/controlled and substantially financed by the Govt. come directly under RTI Act. Others are indirectly covered under the Act. That is to say if Govt. demands any information from pvt. co. under any Act, that information can be accessed by a citizen to that particular Govt. deptt. under RTI Act.
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