Documents pertaining to termination from service

The Appellant sought information in the context of a complaint letter dated 27.12.2017 received against him which was denied under Section 8(1)(j) & 8(1)(g) of the RTI Act claiming that these documents bear mention of names of other employees and disclosure of the same may endanger their physical safety as Appellant has threatened some of these employees in the past. The CIC observed that the documents sought pertain to Appellant’s termination from service and he has every right to seek copy of these documents. Adverting to the apprehension of the PIO that disclosure of the same may pose harm to the physical safety of some employees, the Commission sparingly concedes with the applicability of Section 8(1)(g) of RTI Act. The CIC directed the PIO to provide copy of specific and available documents sought after severing the names and identifying particulars of other employees/individuals whose reference figure therein. The severance of records will be carried out in consonance with the provision of Section 10 of RTI Act.

Comments

There have been cases where employees have been terminated or removed from service under 56 (J). This case laws provides some window for such employees to seek information.

Citation: Anupam Singh v. Ordnance Factory in File No: CIC/OFBKO/A/2018/154675, Date of Decision: 16/07/2020

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com