Central Information Commission, New Delhi
File No.CIC/SM/A/2010/000601 & 618
Right to Information Act2005Under Section (19)
Date of hearing : 24 November 2010
Date of decision : 24 November 2010
Name of the Appellant : Shri Shashi Kant,
12B, Annapurana,
Anushatinagar,
Mumbai - 400094
Name of the Public Authority : Central Public Information Officer,
Bhabha Atomic Research Centre,
Central Complex, 3rd Floor,
BARC, Trombay,
Mumbai 400 085.
The Appellant was present in person.
On behalf of the Respondent, Smt. Parvathi Harikrishnan, CPIO, was
present.
Information Commissioner : Shri Satyananda Mishra
Decision Notice
Appeal accepted
Elements of the decision:
Section 8(1)(h) directed the CPIO to provide information
CIC/SM/A/2010/000601 & 618
2. We heard these two cases through videoconferencing. Both the parties
were present in the Mumbai studio of the NIC. We heard their submissions.
3. In two separate applications, the Appellant had sought the copies of his
annual confidential reports from the beginning of his career and also the rules
and regulations governing the promotion of scientists from level E up to the
level of the Distinguished Scientist. The CPIO had not provided any of this
information on the ground that the ACRs could not be disclosed since these
were held in a fiduciary relationship and therefore, exempted from disclosure
under Section 8(1) (h) of the Right to Information (RTI) Act. In regard to the
rules and regulations governing the promotions at various levels, he had
referred the Appellant to the website of the DAE.
4. After hearing the submissions of both the parties, we do not see why the
desired information should not be disclosed. In fact, in several decisions in the
past, the CIC has clearly held that the copies of the ACRs of an employee
should be disclosed to him if he asks for it. We now direct the CPIO to provide
to the Appellant within 15 working days from the receipt of this order the
attested photocopies of his entire ACR dossier from the beginning till the end,
that is, cover to cover as also the photocopies of the relevant
rules/regulations/guidelines based on which promotions are given to scientists
from level E to the level of the Distinguished Scientist.
5. With the above directions, the appeal is our disposed off.
CIC/SM/A/2010/000601 & 618
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
Assistant Registrar
CIC/SM/A/2010/000601 & 618