Dear Veeresha Let us analyse this carefully
Mr.X (employee of PSU Bank) commits some blunder and a Departmental Enquiry ensues. In the course of the enquiry it is entirely possible that Mr.X is constrained to divulge certain personal information (such as his assets) etc which is unconnected with his public activity. The distinction made by IC(PB) (after pleadings were completed properly) is that applicant "is in no way connected with the information sought .. information is not related to him". In these circumstances I would also tend to agree with IC(PB) reasoning that there could be no possible public interest (especially since applicant is not an affected person by his own admission) and the information is sought concerning a particular individual only (third party as defined in RTI Act and also thereby a "protected interest" qv. 8(2)). I hope you see the common pitfalls to avoid. I would also suggest you revise your conception of "public interest" Let me also bluntly convey another concern. Organised NGO Touts (also known as "RTI activists") on the instructions of foreign intelligence agencies routinely use DE's etc. to "spot" corruptible public servants. The late Masterji was not called "Master-ji" for his teaching but for the ring of RTI spies he organised. Some of you "foolish little RTI activists" may think you are doing public service using RTI, whereas actually you are mere pawns in the hands of India's enemies while your Indian Masters get Magsaysay awards. http://cic.gov.in/CIC-Orders/FB-12062008-01.pdf Sarbajit --- In [email protected], veeresh bellur <[EMAIL PROTECTED]> wrote: > > Dear Sarabjit, > > I request the group members to guide me in drafting application while seeking information relating to Departmental Enquiries. Order issued by PB is being taken as guiding factor while disposing off rti applicationin Public Sector Banks. Infact procedure to be followed undr Section 11 relating to third party information is also not being followed by the PIOs. Other Public Sectors and Central Government Departmen ts are generally providing information on Departmental Enquiries. Why this information is being treated as third party information only in Banking Industry. > > Infact Suspension orders, copies of Charge Sheets and final orders passed in the Departmental Enqiries are being published in Karnataka State Government. Therefore all information relating to DEs are treated as public documents in Karnataka. I am not aware the situation in other States. In another order CIC has allowed inspection of Departmental Enquiry files in the Delhi Police Department. To my knowledge Departmental Enquiries are conducted only when an employee violates the norms and rules set out by the Organisations for its employees. Any violation of norms and rules by any of its employee will have to be treated as against Public Interest. Hence DEs are being conducted against employees to protect the Public Interest as well interest of the Organisation. Hence classification of information as personal can not be accepted. However I request the group members to enlighten me in this aspect. > > B.H. VEERESHA > MAHITHI HAKKU ADHYAYANA KENDRA > 54, 17TH CROSS, M C LAYOUT > VIJAYANAGAR, BANGALORE 560 040 > TEL.NO. 9448704693
