Human rights violation in service matters

The records pertaining to appointment of persons on compassionate grounds and related information was denied by CISF u/s 24 read with second schedule of the RTI Act. The CIC held that the queries raised by the Appellant constitute personal information related to officials who are third parties. Hence, disclosure of information with respect to such queries would be barred even under Section 8(1)(e) and (j) of the RTI Act. Referring to the High Court decision in Director General and Anr. v. Harender, the CIC held that the expression “Human Rights Violation” as used in proviso to Section 24(1) of the Act cannot be read to extend to all matters where a person alleges violation of fundamental rights. Plainly, the said expression cannot be extended to include controversies relating to service matters.

Comments

In most cases, the judicial pronouncements have been in favour of denying information relating to service matters in case of organisations beyond the purview of the RTI Act taking a strict interpretation of what constitutes human rights. It has been argued that if employees of an establishment cannot agitate their grievances before judicial forums, these organizations/establishments may become autocratic. In a judgment dated 22.03.2022, a division bench of Delhi High Court in UoI v. CIC, [LPA 734/2018] observed that the RTI Act is a tool which facilitates the employees and officers in airing their grievances systematically. Holding that non-supply of the information/documents is a human rights violation as in the absence of the same, the RTI applicant would not be able to agitate her right to promotion, the Court directed to provide copies of the seniority list as well the minutes of DPC.

Citation: Shri Ashwani Verma v. CISF, Second Appeal No. CIC/CISFO/A/2021/156819, Date of Decision: 20.01.2023

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com