Seeking information whether similar action has been taken against all employees for same lapse/action, involves public interest

Central Information Commission (CIC): While hearing an appeal filed by a person seeking information regarding deduction of five days casual leaves from his salary for coming late to the office, CIC observed that information sought whether similar treatment has been given to all the employees of Central Council of Homeopathy (CCH) for the same lapse/action relates to transparency in the Council and involves public interest, and directed the Council to provide information in the matter to the appellant. Earlier, on an RTI application filed by the appellant seeking the above information, the PIO informed the appellant that the Office Memorandum referred to by the appellant in his RTI application was issued to him only and therefore there is no relevance of taking action against persons/staff by the Council for late arrival or early goings. Not satisfied with the same, the appellant filed the present appeal before this Commission seeking information whether similar treatment has been meted out to the other employees for the same lapse/action. After perusal of material on record, the Commission directed the respondent to provide complete information with respect to action taken by them for similar lapse of late coming to office by other staff, and also to provide reasons thereof to the appellant if similar action has not been taken against other employees. P.R. Chandol v. Shri Kamal Gupta , 2015 SCC OnLine CIC 607, decided on 28.04.2015

One comment

  • Hon'ble SC in CA(civil) 4862 of 2007 has held: "The State cannot treat employees similarly situated differentl. It cannot implement the orders in relation to one and refuse to do so in relation to others."
    The ratio is applicable to all employees and if one is penalised for an offence then consistency and uniformity requires that all employees who committed the same offence should be punished.

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