• Can government employee file RTI over employer

Dear sir i am a government employee.i want to know certain dfetails from my employer.can I file rti over my employer.in that case will there be any problems to me.even if it pertains to my benefits but not to harm another. Fundamental RTI act 2005 says yes. Latest CIC report 2016 says it as misuse. What is real truth. Can it impose or invite disciplinary proceeding against me. kindly advice. tHOSE WHO ARE NOT CLEAR PLEASE DONOT RESPOND AS THIS MUCH CAN ONLY BE INFORMATION SUPPLED.
Asked 8 years ago in Labour

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8 Answers

you can file RTI application to obtain details regarding your service records from your employer

2) it should not invite disciplinary proceedings against you

3)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.

4)under provisions of Section 6 of the RTI Act 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.

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1. Which details of your employer do you want to obtain through RTI? You yourself are not forthcoming with complete information.

2. Third party information cannot be obtained under RTI

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1.From The bare reading of section 8 of the RTI Act the sharing of information by the higher authority to its own subordinate is not barred under this Act or under nay other specific provision of law.

2.SO technically there is no problem in asking for such information fromyour own emoloyer.

3.however if you disclose the nature of information to be sought for then further advice could be given as confidential information falling within probhibitted lsit of information may not be shared with you.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Filing a RTI is your statutory right and no one can take action against you for filing a RTI.

However people at the organisation might show some internal aggression. If you want you can file an RTI through a third party and as such your name will not be disclosed and you will get the required information.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. You can certainly seek information from your employer through RTI route.

2. Personal information about other employees and also confidential report about you will not be provided by your employer against your RTI application.

3. There is one instance known to me where information about the employing PSU at Bangalore was sought and availed by its employee stationed at Ernakulam for filing a Writ Petition before the Bangalore High Court based on such information provided by the said PSU and duly annexing the RTI reply as evidence in support of his claim.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

It won't invite disciplinary action against you, if you misuser of system like, PGMS, RTI.Thus, if in the past you have not very frequently taken recourse to RTI, you are free to seek information for your bonafide purposes.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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.

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.

Hope the above convinces.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You can ask information from your employer irrespective of the fact that you are employee in the same organisation. Right to Information Act comes under the fundamental right of right to know and according to article 12 of the Constitution of India, Indian citizen cannot be precluded from enjoying his fundamental right. As far as misuse of this act is concerned if information you seek is bonafide and it is in interest of general public then your employer is bound to furnish that information

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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