Central Information Commission
CIC/AD/A/2009/001191
Dated October 21, 2009
Name of the Applicant : Shri Haris Chandra Mohanty
Name of the Public Authority : BSNL, Kolkata
Background
1. The Applicant filed an RTI application dt.18.4.09 with the CPIO, BSNL,
Kolkatta requesting for copies of his ACRs for the period 2002-03 to 2007-
2008. The CPIO replied on 14.5.09 denying the information u/s 8(1)(j) as the
disclosure would seriously harm the inter-personal relationship in a given
organization and ACR notings are an interaction based on trust and
confidence between the officers involved in initiating, reviewing or accepting
the ACRs. Not satisfied with the reply, the Applicant filed an appeal dt.1.6.09
with the Appellate Authority reiterating his request for the information and
stating that Section 8(1)(j) is not applicable in the instant case as the ACRs
are his own and since he is the affected party. He also quoted placed reliance
on a CIC order passed in this regard. The Appellate Authority vide his order
dt.29.6.09 upheld the decision of the CPIO and denied the information once
again u/s 8(1)(j) stating that ACRs are confidential documents. Being
aggrieved with the reply, the Applicant filed a second appeal dt.4.8.09 before
the CIC reiterating his request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for October 21, 2009.
3. Shri Anupam Maji, CPIO and Shri Somnath Maity, Appellate Authority
represented the Public Authority
4. The Applicant was heard through audio.
Decision
5. The Appellant submitted that his promotion has been denied to him even
though he has not been informed about any adverse entry made in his ACRs
as per the Supreme Court judgment which stated that if the grading is not
upto the benchmark prescribed for promotion, the same should be conveyed.
6. The Commission, after hearing the submissions of both sides, directs the
CPIO to provide certified copies of the ACRs as per the Full Bench decision of
the Commission dated 19.2.09 in the case CIC/WB/A/2007/00422, by 10
November, 2009, to the Appellant.
7. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri Haris Chandra Mohanty
DGM MW projects
Plot No.82
Sahid Nagar
Bhubaneswar 751 007
2. Shri A.Maji
The PIO & GM (HQ)
Bharat Sanchar Nigam Limited
O/o Chief General Manager
Eastern Telecom project Circle
Kolkata 700 027
3. Shri Somnath Maity
The Appellate Authority &
Chief General Manager
Bharat Sanchar Nigam Limited
O/o Chief General Manager
Eastern Telecom project Circle
Kolkata 700 027
4. Officer in charge, NIC
5. Press E Group, CIC