2007 (8) TMI 646 - Commission - Indian Laws

Summary

Issues:
1. Failure to provide information on a government employee's actions related to a pending FIR and foreign visit.
2. Lack of departmental action against the employee for irregularities.
3. Inadequate response to RTI application leading to mental harassment of the appellant.

Issue 1: The Commission addressed the case of a government employee against whom an FIR was filed, seeking information about his actions. Despite the employee leaving the country without disclosing details to the Department, the Department failed to take appropriate action. The Commission found the Department at fault for not ensuring proper procedures for foreign visits, authorizing the appellant to access the employee's records, and directing the Department to gather information from the employee's family about his foreign visit.

Issue 2: The Commission noted the employee's various irregularities and collusion with colleagues. The employee left the country without following official procedures, providing false information about his location. The Commission highlighted discrepancies between the employee's statements and actual events, including details about his foreign visit. The Ministry of External Affairs revealed additional misleading information provided by the employee. Despite ongoing investigations and charges against the employee, the Commission granted the appellant access to all related records and files, ensuring transparency and fairness in the investigation process.

Issue 3: The Commission addressed the appellant's mental harassment due to the Department's mishandling of her RTI application. The Department forwarded her application to the employee, who responded with objectionable language, causing distress to the appellant. The Commission condemned the Department's actions, recognizing collusion within the Department. As a remedy, the Commission awarded the appellant compensation under Section 19(8)(b) for the mental agony she endured, directing the General Manager to decide on recovering the compensation from relevant individuals and ensuring its payment to the appellant by a specified date.

The Commission's detailed analysis and decisions aimed to rectify the Department's failures in handling the case, ensuring accountability, transparency, and fair treatment for the appellant.