I want information under RTI towards illegal employment. A person is illegally working in the government sector. If somebody is educationally unqualified and is working illegally in a government sector then how can we expose him through RTI?
The right to information act (RTI) empowers the Indian citizen to access the information under the control of the public authority. You may request from the concerned public authority to provide information regarding the qualification of a particular employee.
The appointment of a person on government post comes under the purview of public information. Therefore, you can access the information related to such an appointment from the concerned department. The concerned authority is obliged under the RTI Act to provide such information.
According to section 7 of the RTI Act, the public information officer of the concerned department shall provide the information within thirty days. If he fails to provide the information within thirty days it deems that he has refused the request.
Qualification and experience are the eligibility conditions for the appointment. The appointing authority decides the essential qualification for the appointment of a particular post. Having that qualification at the time of appointment is mandatory for the candidates [Mohd. Sartaj v. State of U.P., (2006) 2 SCC 315]. If the candidate is appointed without having that qualification his appointment will be illegal employment.
According to Article 16 of the Constitution of India:
There shall be equal opportunity for citizens in matters relating to ”employment” or ”appointment to any office” under the State.
Equal opportunity for public employment is a fundamental right. If the government appoints illegible candidate it violates the fundamental right of the citizen under Article 16.
You should take information about the qualification of the appointed person through RTI. Thereafter move a writ petition under Article 226 of the Constitution of India for cancellation of such appointment.
How to request information under RTI
You may ask the concerned department to provide information about the qualification of a particular government servant. Whether he has the qualification essentially required for the post? There is ten rupees fee for seeking information under the RTI. You can pay the fee through Indian Postal Order (IPO) or cash or DD.
The right to information act is applicable in respect of public information. Information regarding public employment comes under the purview of RTI. You should ask from the public information officer of the concerned department to provide information that the particular person has an essential qualification for the particular post.