Sunday, June 19, 2011

Re: [HumJanenge] Shailesh Gandhi may please explain ?

When all the employees of the intelligence organisation (exempted u/s
24) can approach the CAT; and CAT can ask for all the service-related
information, why an employee is disallowed these information. Infact,
it is the interpretation of the provisions which is most important.

On 6/20/11, Sarbajit Roy <sroy.mb@gmail.com> wrote:
> In a recent decision by IC(Shailesh Gandhi) on May 13. 2011
> [CIC/SM/A/2011/000277/SG]
> he disallows an employee of RAW (exempted organisation u/s 24 ) from
> receiving information about why his salary is not being paid, incidentally
> the appellant took the stand that non-payment of salary is a human rights
> violation and hence exemption u/s 24 does not apply.
>
> Contrast this with a "ballsy" decision on similar point by IC(M/L.Sharma)
> [CIC/LS/A/2010/001277]
> where IC(MLS) states that the Commission CONSISTENTLY holds that
> administrative matters of an intelligence organisation exempted u/s 24 are
> not covered by the exemption and information will be disclosed.
>
> If there is any decision from the High Court overturning the CONSISTENT view
> of the CIC can IC(SG) share it or at least put it up on the CIC website uner
> the relevant link.
>
> Sarbajit
>

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