CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00539
Dated, the 12th November, 2008.
Appellant : Shri Anjan Banerjee
Respondents : Eastern Coalfields Limited
This second-appeal came up for hearing on 11.11.2008. Appellant was
absent in response to CIC’s notice dated 25.08.2008, while respondents were
represented through the Appellate Authority, Shri U.S. Singh, CPM (EE) and the
CPIO, Shri T.K. Mukherjee.
2. Upon hearing the respondents and perusing the documents filed by both
parties, it is noted that all information, except what the appellant has described as
EER ratings of the appellant himself for the year 1992-1993, have been provided
to him through CPIO’s communications dated 23.07.2007, 27.07.2007 and
28.08.2007.
3. As regards the EER ratings, respondents have taken the position that these
are confidentially recorded performance evaluation reports of Executive Grade
officers of the Company. They cited decisions of the Commission which have
barred disclosure of employees’ confidential evaluation reports, ordinarily
described as Annual Confidential Reports. Nothing which the appellant has
stated in his written-submission supports his point that the requested information
should be disclosed despite the respondents’ inference to the contrary. It is not
possible for the Commission to come to any reasoned view about why the
decisions of the respondents be overruled without the appellant making out an
arguable case (written or oral ) in favour of his own stated position.
4. In view of the above, it is not possible to agree with the appellant to
overrule the Appellate Authority’s conclusion. Decision of the Appellate
Authority dated 26.11.2007 is upheld. Appeal rejected.
5. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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