New Delhi (Agency): The Karnataka High Court has granted permission for employees to access their colleague’s service records under the Right to Information (RTI) Act. This comes after the court set aside an earlier order by the State Information Commissioner, which rejected a college professor’s application for the same.
Justice Krishna S Dixit of the Karnataka High Court ruled in favor of the petitioner, A S Mallikarjunaswamy, who is a lecturer. The judge stated that Section 8(1)(j) of the RTI Act, which pertains to withholding personal information, is not applicable in this case. According to the court, Mallikarjunaswamy is “not a stranger to the Respondent institution” and thus should have access to full service details of other employees “especially when dispute arises relating to confirmation, seniority, promotion or the like.”
The case hinges on the petitioner’s argument that he needs to know specific details about his colleagues to build his claims in areas like job confirmation, seniority, and promotions. The court agreed, stating that without this information, Mallikarjunaswamy “will not be in a position to work out his grievance in the subject service matter.”
Adding weight to the petitioner’s case, the court cited a Government Order dated June 2, 2011. This order sets guidelines for granting relaxation on service conditions related to job reservations. The court emphasized that denying information would “virtually amount to denying opportunity” for the petitioner to benefit from the Government Order.
As a result, the court instructed the Principal of Marimallapas PU College in Mysuru to provide all necessary service records to Mallikarjunaswamy within three weeks. Failure to do so would result in a penalty of Rs. 1,000 per day of delay, payable by the Principal. An additional cost of Rs. 5,000 for expenses was also imposed.
This landmark ruling has set a precedent that may influence future cases concerning employee rights and access to information. It serves as a reminder of the importance of transparency within organizations and highlights the extended scope of the RTI Act in employment matters.
The case title is A S Mallikarjunaswamy vs. State Information Commissioner & others, with the case number being Writ Petition No. 23695 of 2022. The order was passed on August 22, 2023. A S Mallikarjunaswamy represented himself in the case, while Advocate Sharath Gowda G B and HCGP Kiran Kumar represented other parties.
