CENTRAL INFORMATION COMMISSION
...
F.No. CIC/AT/A/2008/01614
Dated, the 30th March, 2009
Appellant : Mannatil Kumar
Respondents : Cochin Shipyard Limited
This matter came up for hearing through videoconferencing on 23.03.2009
pursuant to Commission’s notice dated 25.02.2009. Both parties were present at
NIC facility at Kochi, while the Commission conducted the hearing from NIC
facility at CIC office, New Delhi.
2. This appeal is linked to the appellant’s RTI-application dated 04.04.2006
which had had following queries for information:
(1) “A copy each of the Performance Appraisal Reports (Half Yearly,
Annual and Others) rendered on me during the period of my service
in the company.
(2) A copy of the Report of the Selection Committee (July 1990), WHICH
FOUND WE ME UNFIT for the post of Chief Personnel Manager and
Head of the Personnel Department.”
3. CPIO through his reply dated 05.05.2006 furnished to the appellant
information relating to item No. (2) above. As regards item No. (1), CPIO informed
the appellant that “Instruction on the procedure for Rendition of Annual
Performance Appraisal Reports stipulates that the Performance Appraisal Reports
on retired employees can be destroyed after a period of five years from the date of
retirement. Hence we are not in a position to consider your request for Annual
Performance Appraisal doziers, since the same has been destroyed.”
4. Appellant, inter-alia, stated through his written submission that statement of
‘destruction’ made without any authority is a story put out on account of the fear of
the consequences that may arise from the disclosure of the contents of the said
documents and hence should be reckoned as utterly false, amounting to denial of
information sought..”
4. Respondents stood by their earlier position that the information related to
item No. 1 of appellant’s RTI-application had been destroyed. They further stated
that since the appellant had preferred a series of petitions before the Kerala High
Court, the ACR’s of the appellant were retained till these petitions were disposed of
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by the High Court and were destroyed by the public authority in 2005. They
accordingly expressed their inability to furnish this item of information.
5. In view of the categorical submission of the respondents that the records
sought by the appellant stand destroyed by the public authority, the respondents
cannot be forced to disclose the information which does not even exist.
6. Appeal accordingly directed to be closed.
7. Copy of this decision be sent to the parties.
(A.N. TIWARI)
Information Commissioner
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