Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000299
Name of Appellant : Shri Praveen Sakhuja
Name of Respondent : Export Inspection Council of India
Date of Hearing : 26.05.2011
ORDER
Shri Praveen Sakhuja, the appellant has filed this appeal dated 11.1.2011 before
the Commission against Export Inspection Council of India, Ministry of Commerce and
Industry, New Delhi for not providing information to his RTI-request dated 17.9.2010,
which came up for hearing on 26.05.2011. The appellant was present in person, whereas
the respondents were represented by Shri Deepak Shekhar, Joint Director and Shri A.C.
Dutta, Joint Director, CPIO.
2. The appellant filed RTI-request dated 17.9.2010 seeking certified copies of his
ACRs for the year ending March, 2007, 2008, 2009 and 2010. The CPIO Export
Inspection Agency Delhi vide letter No. EIA/DEL/RTI/2010-211/3618 dated 28.10.2010
has replied to the appellant stating that no ACRs for the year ending 2007, 2008 and 2009
are available in this office, since these ACRs have already been forwarded to Export
Inspection Council of India. The ACR for the year 2009-10 consisting of two sheets is
available with this office and requested the appellant to remit Rs. 4/- so as to provide copy
of the same. The CPIO, EIC vide letter No. EIC/D (Q/C) RTI/2010/4257 dated 24.11.2009
replied to the appellant requesting the appellant to deposit Rs. 4/- for obtaining copy of
ACR for the year ending March, 2009. The CPIO denied providing copies of ACR for the
year 2007 and 2008 on the grounds that the guidelines prescribed by DoPT provide for an
employee to be given a copy of his ACR only if the same is below the bench mark.
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Case No. CIC/SS/A/2011/000299
3. Aggrieved by the decision of PIO, the appellant preferred first-appeal on
18.11.2010 before FAA, which was not decided by FAA at the time of filing the appeal.
4. During the hearing the respondents submitted that the FAA vide letter No.
EIC/D(Q/C) 145(37)/RTI/2010-11 dated 3.12.2010 has decided appellant’s first-appeal and
upheld the decision of CPIO.
5. After hearing the parties and on perusal of the relevant documents on file, the
Commission is of the view that copies of an employee’s own ACR cannot be denied to
him. Therefore, the CPIO is directed to provide copies of his ACRs as sought by the
appellant free of cost within two weeks of the receipt of this order.
The matter is disposed of with the above direction.
(Sushma Singh)
Information Commissioner
08.07.2011
Authenticated true copy:
(K.K. Sharma)
OSD & Assistant Registrar
Address of the parties:
Shri Praveen Sakhuja,
LD-119, SFS Flats,
Pitampura,
Delhi-110088.
The Deputy Director & PIO,
Export Inspection Council of India,
Ministry of Commerce & Industry,
3rd Floor, NDYMCA Cultural Centre Building,
1, Jai Singh Road,
New Delhi-110001.
The Additional Director & Appellate Authority,
Export Inspection Council of India,
Ministry of Commerce & Industry,
3rd Floor, NDYMCA Cultural Centre Building,
1, Jai Singh Road,
New Delhi-110001.