Hi Sanil, http://cic.gov.in/CIC-Orders/OK-29042008-07.pdf
This is the link to the decision in Mr Kajodia's case. The compensation of Rs 5,000 was awarded to him to reimburse him for his multiple visits to Delhi to attend multiple hearings on account of the technical error of KVS where they had given a combined reply to all his 12 approximately simultaneous applications denying info by saying that office bearers of Associations cannot file RTIs. It is pertinent that Mr Kajodia also filed a combined first appeal which further confused the issue. The award of compensation was not a consequence of either the merits of Mr Kajodia's case or for any late reply on part of PIO. (NB: It would be wise to recall that a Full Bench of CIC has subsequently held that associations of persons cannot file RTI.) Kajodia appears to have been transferred for his union activities and not for filing the RTIs. Although we may "suspect" that it is linked to his filing RTIs you cannot "prove" that it was so. In Muzibur Rehman's case we were able to prove the linkage between issue of show cause notice and filing of RTI from the P/As own documents - the matter is still in High Court as an LPA. You may also recall our protracted discussion of whether government servants can file RTIs. http://groups.yahoo.com/group/rti_india/message/1293 The legal position is that as per an unpublished (but very detailed) CIC order of A N Tiwari, it is held that Govt servants cannot use RTI against their own department. This has also been repeated in a few other CIC orders, albeit in a token and passing way. The crux of the main CIC order is that junior govt officers cannot (by service rules and orders) communicate to their superiors for their grievances and service matters except through proper official channels - RTI process is not such a proper channel. Public servants are only entitled to the proactive disclosure of section 4. The WARNING is to every one in the group, and not only to public servants. Use RTI at your own risk. If you poke a tiger - factor in the possibility that your head can be chewed off. The possibility escalates to probability the more vexatious your application is. Look before you leap. How can anyone help Kajodia - he has exhausted his main administrative remedies? His only hope (slim) lies with the High Court. He has made his bed and he will lie in it. Sarbajit --- In [email protected], Sanil Narayanan Nampoothiry <nns...@...> wrote: > > Dear Sarbajit, >  > I donot understand the meaning and message of your mail. What WARNING you are > conveying to the group? I do donot undertand. I do not think that he has > misused the RTI. The justice in his part and hence the Hon. CIC ordered the > KVS to compensate Rs 5000/- in his favour. He is a primary teacher having a > service of 28 years and has been removed from service only beacause of filing > RTI application! If you can help him please do it. Otherwise atleast keep > mum. He filed RTI applications not for his personal gain. Then how dare you > say that he has mis used the RTI? >  > -- Sanil > > --- On Sun, 22/11/09, sarbajitr <sroy1...@...> wrote: > > > From: sarbajitr <sroy1...@...> > Subject: [rti_india] Re: Fw: An appeal from a teacher of Kendriya Vidyalaya > To: [email protected] > Date: Sunday, 22 November, 2009, 4:52 PM > > >  > > > > Dear Group, > > This is a WARNING for all the great corruption fighters who misuse RTI. What > can anyone do for this person who as appealled all the way upto the President > of India ? > > As you sow so shall you reap !!!. > > Do all the Union-baazi you want nobody cares, but filing an RTI gets you > transferred to Kargil. Where are all the Association people now when he needs > them ? > > Another tragic case is that of Muzibur Rehman. After he complained of > harassment and threat to his life after filing RTIs, the CIC somehow managed > that an unarmed private security "guard" was deputed to him. Even that > facility has been withdrawn now after only 4 months. > > File all the RTIs you want - be prepared for the backlash. 10 rupees is the > cost of a very small matchstick which can blow up your world. > > Sarbajit >
