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Authored by - Riya Sharma (Intern at Legal Soch Foundation)
Meta description - The Karnataka High Court has made a decision regarding service related complaints and legal matters. Employees now have the opportunity to access their co-workers service records under the Right, to Information (RTI) Act. This ruling overturns a denial based on Section 8(1)(j). Highlights the significance of having access to such information for resolving service related complaints.
Keywords - Employees, RTI Act, legal, complaints, records, Litigation, colleague, worker, service
In a development the Karnataka High Court has ruled that employees can utilize the Right to Information (RTI) Act to obtain their co-worker’s service records specifically for addressing service related legal issues. The courts decision came about as a result of a case where a college lecturer sought access to details regarding a colleague’s history.
Previously the State Information Commissioner had denied the college professor's RTI request. This decision has now been overturned by Justice Krishna S. Dixit in a bench hearing. The rejection was initially based on Section 8(1)(j) of the Right to Information Act of 2005.
Section 8(1)(j) allows personal information to be withheld from disclosure if it is not relevant, to any activity or interest or if it unreasonably invades someone’s privacy. However in this case the court determined that applying this clause was inappropriate.
The petitioner, A S Mallikarjunaswamy had been working as a lecturer for years. Was well acquainted with the organization. The court highlighted the significance of collecting input from colleagues when addressing service related grievances, those related to confirmation, seniority, promotion and similar matters.
The court emphasized the importance of the petitioner having access, to the service details of the individuals mentioned in their RTI application for building their case in service law. The court acknowledged that without this information it would greatly jeopardize the petitioners ability to address their service related concerns.
Additionally the court recognized that the petitioner relied on a Government Order from June 2nd, 2011 which outlined guidelines for reducing reservation related service conditions. The court stated that providing the requested information was crucial for the petitioner to benefit from the provisions mentioned in this government order. Consequently, withholding this information would prevent the petitioner from receiving the specified advantages.
Considering these factors the court accepted the petitioners argument. Granted three weeks time to Marimallapa's PU College Principal in Mysuru to furnish all service information and records of involved parties. Failure to comply with this instruction would result in penalties for the respondent, who would be required to compensate Rs. 1,000 per day of delay using funds. Additionally a fee of Rs. 5,000 was imposed on the Principal as reimbursement, for expenses incurred by the petitioner.
This decision would have an impact, on how the RTI Act's understood and applied in relation to service related matters. According to the Act employees are entitled to access their colleagues service records when disputes arise concerning issues such, as confirmation, seniority and promotion.
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