Central Information Commission
CIC/OK/A/2008/977/AD
Dated December 5, 2008
Name of the Appellant : Mr.S.D.Shastri
ASD(Retd)
69/3 Veer Tejaji Road
Mansarovar Road
Jaipur 302020
Name of Public Authority : The CPIO
All India Radio
New Delhi
Background
1. The RTI request was filed on 7.3.08. The Appellant sought information
pertaining to his ACRs for the years 1985, 1986 and 1987. He
suspected that adverse remarks had been made in his ACRs which
were not communicated to him. The CPIO replied on 11.4.08 stating
that the information is not available as the CR dossier has not been
returned by the Ministry of Information & Broadcasting despite their
request to them vide letter dated 20.3.08, to return it. He also stated
that the matter is being followed up with the Ministry and appropriate
decision will be conveyed. The Appellant filed his first appeal on
21.4.08 reiterating his request for the information. On not receiving
any reply from the Appellate Authority, the Appellant filed his second
appeal before the CIC on 27.6.08.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for December 5, 2008.
3. Mr.S.R.Pandey, Consultant along with Mr.A.S.Dhariwal represented the
Public Authority.
4. The Appellant Mr.S.D.Shastri was present in person during the
hearing.
Decision
5. The Appellant submitted that he requires the information urgently
because of Orders passed in his favour by the High Court , Rajasthan
on 25.1.05 and the Supreme Court on 30.9.08 . As per the Orders, a
meeting of DPC should consider the case of the petitioner for
consequential promotion to STS Grade of IBPS with effect from March
1997 and arrears of salary with effect from June 1991 .
6. The Respondents submitted that while they are willing to provide the
information, the CR Dossier of the Appellant is at present neither with
them nor with the Ministry but is with the UPSC . They stated that the
concerned Ministry had written to the UPSC on dt. 10.4.08 and 1.5.08
to return the CR Dossier of the Appellant and that the Appellant has
been informed about this . They also handed over a rejoinder to the
second appeal, to the Commission, during the hearing.
7. The Commission holds that the Ministry is the custodian of information
related to postings and promotions and ,therefore, directs the CPIO,
Min. of Information ,New Delhi to get the required information from
the Appellant’s Dossier which is with the UPSC and provide certified
copies of the CRs sought by the Appellant in his RTI application, within
one month of receipt of this Order.
9. The appeal is disposed off
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.S.D.Shastri
ASD(Retd)
69/3 Veer Tejaji Road
Mansarovar Road
Jaipur 302020
2 The CPIO
Ministry of Information & Braodcasting
Shastri Bhavan
New Delhi
3. The CPIO
All India Radio
New Delhi
5. The Appellate Authority – RTI
All India Radio
New Delhi
6. The CPIO
Union Public Service Commission
Dholpur House
Shanhjahan Road
New Delhi
7. Officer incharge, NIC
8. Press E Group, CIC