Central Information Commission, New Delhi
File No.CIC/SM/A/2010/901430 & CIC/SM/C/2010/900975
Right to Information Act2005Under Section (19)
Date of hearing : 24 February 2011
Date of decision : 24 February 2011
Name of the Appellant : Shri V P Varghese
D' Man/E, I C No. 9259,
WIP NRGP (K), BARC (F),
Kalpakkam, Distt - Kanchipuram (T.N.)
Name of the Public Authority : CPIO, Department of Atomic Energy,
Bhaba Atomic Research Centre (F),
Kalpakkam, Distt - Kanchipuram 603
102.
The Appellant was present in person.
On behalf of the Respondent, Shri Satyasai, CPIO was present.
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard this case through video conferencing. Both the parties were
present in the Kanchipuram studio of the NIC. We heard their submissions.
3. In two identical applications, the Appellant had sought several details
about his service including the copies of his annual confidential reports.
Between the CPIO and the Appellate Authority, much of the information had
been provided although the copies of the annual confidential reports were not
CIC/SM/A/2010/901430 & CIC/SM/C/2010/900975
disclosed by taking recourse to Section 8(1) (j) of the Right to Information (RTI)
Act. The Respondent submitted that the facility in which the Appellant had been
working was strategic in nature and that the annual confidential report of an
employee like the Appellant would include a lot of technical details about the
work performed by that employee. He further submitted that if the copies of the
annual confidential reports would be disclosed, a lot of details about the
strategic nature of the work undertaken by the facility would be revealed which
will not be in the national interest.
4. While agreeing with the above contention, we think that there would still
be a lot of comments and assessments in the annual confidential report of an
employee other than the technical details of what exact work he has been
performing within the facility and such portions of the report could be disclosed
without adversely affecting the security and strategic concerns. In the light of
this, we would like to direct the CPIO to provide to the Appellant within 10
working days from the receipt of this order the photocopies of his annual
confidential reports after severing those entries/portions from these reports
which relate to the strategic and confidential activities being undertaken by the
employee concerned within the facility.
5. The appeals are disposed of accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner
CIC/SM/A/2010/901430 & CIC/SM/C/2010/900975
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/SM/A/2010/901430 & CIC/SM/C/2010/900975