Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/LS/A/2010/000856
Appellant /Complainant : Sh. Ranga Rao, Khammam (AP)
Public Authority : O/o the Chief Commissioner of Income
Tax, Chennai ( Shri S. Subramaniam,
CPIO
Through video conferencing)
Date of Hearing : 7/12/2010
Date of Decision : 7/12/2010
Facs:
1. Vide his RTI request of 24 September 2009 the applicant Shri K.
Ranga Rao sought to have a copy of his ACR for the year 1 April 2001 to
31 March, 2002 which was the period that he worked as TRO, Khamam
from the CPIO, Office of CITI(CCA), Hyderabad.
2. CPIO vide his order of 19 October 2009 denied disclosure citing
section 8(1) clause(1) of the Act and also stated that The Official Secrets
Act, 1923 is not completely superseded by the RTI Act.
3. Not being satisfied by the above response the applicant preferred
appeal dated 30 November 2009 before the First Appellate Authority who
disposed of the matter by denying disclosure of information that is
personal and the disclosure of which has no relationship to any public
activity or interest and rejected the appeal.
4. Being aggrieved and not being satisfied, the applicant preferred
second appeal before the Commission. The matter was heard today
through videoconferencing. Both parties were present as above.
5. Commission drew the attention of the respondent to the established
law governing the issue and stated that through several decisions of the
Commission and the honourable High Court it had been upheld that the
final grading as awarded to an individual ion his ACRs is to be disclosed to
him.
6. Respondent stated that following the transfer of the appellant to
Hyerabad in the year 2000, his ACRs had also been transferred there and
where now in the custody of CCIT, Hyderabad.
Decision
7. In view of the averments of the respondent, CPIO, office of the CCIT,
Hyderabad is directed to provide the appellant with the final assessment awarded
to him his ACR for the year 200102 within two weeks of receipt of the order.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T. K. Mohapatra)
Under Secretary & Dy. Registrar
Tel No. 01126105027
Copy to:
1. Sh. Ranga Rao,
Asstt.Commissioner of Income Tax
No.10, 471, Mamillagudem,
Khammam (Andhra Pradesh)507001
2. Shri S.Subramaniam
ITO(HQ)(Pers)/CPIO
O/o The Chief Commissioner of Income Tax
121, Mahatma Gandhi Road,
Chennai600034
2. The Appellate Authority,
O/o The Chief Commissioner of Income Tax
121, Mahatma Gandhi Road,
Chennai600034