Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000585SM
Right to Information Act2005Under Section (19)
Date of hearing : 8 February 2011
Date of decision : 8 February 2011
Name of the Appellant : Shri S. D Bind
Type V/I, New Rajendra Nagar Telephone
Exchange, BSNL, Raipur,
Chattisgarh.
Name of the Public Authority : CPIO, Union Public Service Commission,
(Sangh Lok Seva Ayog),
Dholpur House, Shahjahan Road,
New Delhi - 110 069.
The Appellant was present in person.
On behalf of the Respondent, Shri Rajesh Gupta, US & CPIO was
present.
Chief Information Commissioner : Shri Satyananda Mishra
2. In spite of notice, the Appellant was not present in the Raipur studio of
the NIC. The Respondent was present in our chamber and made his
submissions.
3. The Appellant had been considered for promotion in the particular DPC
and had wanted certain information regarding his assessment by that DPC as
CIC/WB/A/2010/000585SM
well as the copies of the record showing why he was not found fit. The CPIO
declined to disclose the information by claiming that it would not be possible to
provide the assessment of the ACRs as per the CIC decision in appeal number
CIC/WB/A/2008/00615 dated 19 December 2008.
4. The Respondent reiterated the same arguments. We, however, find it
difficult to accept these arguments. If the information is available, it must be
disclosed unless exempted under any of the provisions of the Right to
Information (RTI) Act. We have repeatedly held that an officer has the right to
know about his own ACRs. Merely because the assessment sheet is kept in a
sealed cover, the information cannot be denied. Therefore, we now direct the
CPIO to provide to the Appellant within 10 working days from the receipt of this
order the following two items of information:
i) the copy of the assessment sheet of the said DPC only in relation to
the assessment of the Appellant even if it means opening the sealed
cover, if any;
ii) the copy of the relevant proceedings of the DPC in which it was held
that the Appellant was unfit for promotion.
5. The appeal is disposed off accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner
CIC/WB/A/2010/000585SM
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
Deputy Registrar
CIC/WB/A/2010/000585SM