Seeking inspection of file related to one’s own suspension under RTI
The appellant was suspended from the service, but later his suspension was revoked. He filed an application under the Right to Information (RTI) Act with the Ministry of Information and Broadcasting (MI&B) seeking to inspect the file related to his suspension and the copy of file notings from the said file. The Public Information Officer (PIO) denied the inspection as well as the copy of file notings stating that the disciplinary proceeding against the appellant was going on. He cited the provisions of section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act in support of his decision.
During the hearing before the Central Information Commission (CIC), the appellant submitted that he should be told the ground on which he had been suspended. The respondent submitted that the disciplinary proceedings against the appellant were still in progress.
View of CIC
The Commission held that the employee has the right to know the basis for suspending him from service. The Commission directed the PIO to provide the copy of the relevant file noting based on which the suspension detail had been pleaded. However, the CIC denied the inspection by the appellant observing that the disciplinary proceeding were under progress so the entire file could not be shown until the proceedings were complete.
Citation: Mr. Ajith Maniyan v Ministry of Information & Broadcasting and Song & Drama Division in File No.CIC/SM/A/2012/001240
RTI Citation : RTIFI/2013/CIC/1168
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