CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00451
Dated, the 31st July, 2008.
Appellant : Shri Anan Tognatta
Respondents : The New India Assurance Company Limited
This matter came up for hearing on 31.07.2008 pursuant to Commission’s
hearing notice dated 26.06.2008. Appellant was present in person, while the
respondents were represented by Shri Pushkar Upadhyay, Manager & CPIO,
Shri S. Sarkar, Assistant Manager and Shri B.C. Sethi, Assistant Manager.
2. The RTI-request of the appellant made through his application dated
09.01.2007 pertains to Annual Confidential Reports of the officers who
reportedly superseded him in promotion in the promotional exercise undertaken
by the public authority between the years 2003 and 2007.
3. This category of information has been barred from disclosure in several
previous decisions of the Commission eg. B.L. Sinha Vs. Company Affairs;
Appeal No. CIC/AT/A/2007/00256; Date of Decision: 03.05.2007.
The reason for not disclosing this category of information is that this rather
needlessly discloses the names of those who write observations / comments on
the work and conduct of their juniors in course of a given year and would be
averse to disclosing the grates they give to such juniors. Such disclosures not
only violates a pre-existing implied contract of confidentiality between the
officers writing the reports and those authorized to oversee those reports, it also
greatly restricts the freedom which such officers need to objectively record their
remarks on their juniors. These functions are the key to putting in place a proper
personnel policy built round confidentiality of communication between those
evaluating the juniors and those authorized to receive such evaluation to use it
for career advancement and personnel placement purposes. It would be incorrect
to subvert the system critical as it is to the very functioning of a public authority.
4. In view of the above, and consistent with the Commission’s decisions in
previous cases, it is directed that there will be no disclosure in regard to these
queries.
5. Appeal disposed of with these directions.
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6. Copy of this decision be sent to the parties.
Sd/-
( A.N. TIWARI )
INFORMATION COMMISSIONER
Authenticated by –
Sd/-
( D.C. SINGH )
Under Secretary & Asst. Registrar
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