CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00351
Dated, the 23rd July, 2008.
Appellant : Shri Anil Misra
Respondents : Central Board of Excise & Customs
This matter came up for hearing on 16.07.2008 pursuant to Commission’s
hearing notice dated 30.05.2008. Appellant was present in person, while the
respondents were absent.
2. In the second-appeal dated 23.02.2008, appellant has stated that
information figuring at items 3 and 6 of appellant’s RTI-application dated
01.11.2007 has not been provided to him by the respondents. These two points
are discussed below:-
Item No.3: “The details of guidelines, instructions, rules, constitution of
DPC etc. for promotion from Deputy Commissioner to Joint
Commissioner (on regular and / or on ad-hoc basis both) may
kindly be provided.”
Appellant’s point is that the CPIO provided to him extracts from a book
going by the title “Swamy’s Establishment and Administration”.
It is the appellant’s plea that what he wanted from the CPIO is copies of
the original documents corresponding to this query as held by the public
authority and not extracts from some general priced publication.
Decision:
There is substance in what the appellant has stated. From what one gets
from the replies of the respondents to the appellant, the public authority does
have guidelines, instructions, rules regarding constitution of Departmental
Promotion Committees (DPC). It is directed that copies from the original
documents may be taken and provided to the appellant within two weeks from
the date of the receipt of this order. In the alternative, respondents may inform
the appellant as to where he could access authentic information which might
have been brought out as a publication by the public authority or by an agency
authorized by the public authority, or the authorized website on which such
information would have been placed.
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Item No.6: “I have been provided with the copies of the ACRs from the year
1995-96 to 2005-06 on the orders of the Hon’ble Supreme
Court of India and, therefore, I am aware of the contents of the
ACRs as well as the various grading of the ACRs. Please
provide me the Grading Chart of mine which was produced
before the DPCs and accepted by the DPCs.”
It has been the position of this Commission in B.L. Sinha Vs. Company
Affairs; Appeal No. CIC/AT/A/2007/00256; Date of Decision: 03.05.2007 that
information relating to Annual Confidential Reports of employees should not be
disclosed principally because this would result in breaching the implied contract
of confidentiality between the officers writing the Annual Confidential Reports
and giving the grades to the officers reported upon on one hand, and the public
authority to whom such reports and grades are entrusted by the officers writing
them, on the other. Section 8(1)(d) and Section 8(1)(j) are attracted.
Decision:
Consistent with that, it is directed that there shall be no disclosure
obligation as regards this category of information.
3. The appeal is disposed of with these directions.
4. 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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