Central Information Commission
Complaint No.CIC/PB/C/2008/00810-SM dated 03.06.2008
Right to Information Act-2005-Under Section (18)
Dated: 20 July 2009
Name of the Complainant : Shri. C.K.Dohre,
Central Bank of India,
Shikohabad, Dist. Firozabad, U.P
Name of the Public Authority : CPIO, Central Bank of India,
Regional Office,
Agra, U.P.
The Complainant was present.
On behalf of the Respondent, Mr. K.L. Chhabra, CPIO, was present.
The case in brief is as under.
2. The Complainant had requested the CPIO in his application dated 3
June 2008 for a number of information regarding his promotion. Claiming
that he did not receive any reply within the stipulated period, he sent this
complaint to the CIC.
3. During the hearing, both the parties were present. The Respondent
submitted that the CPIO had indeed sent a reply on 7 July 2008 denying the
information. He argued that the information sought was regarding several
confidential documents and papers such as the Annual Performance
Appraisal reports the disclosure of which was exempt under Section 8(1)(e)
and (g) of the Right to Information (RTI) Act. He explained that the
performance appraisal was made by superior officers in confidence and such
reports were held by the authorities in a fiduciary capacity and the
disclosure of such information could result in endangering the life of
superior officers in those cases where they would have given any adverse or
critical remark about any employee. We do not agree with this argument.
Recording of Annual Performance Appraisal of an employee is a normal
administrative responsibility and such reports are not held in any fiduciary
CIC/PB/C/2008/00810-SM
capacity. Besides, the assumption that the Authority recording such
appraisal would expose himself to physical harm is far fetched. The CIC, in
many decisions in the past, has held that the DPC proceedings including the
marks awarded on the basis of any test, written and oral, and the
performance review should be disclosed in relation to the individual
employee concerned. This will promote transparency and objectivity and
will remove misgivings in the minds of the employees whenever they are
denied promotion. In view of this, we direct the CPIO to provide the
following information to the Complainant within 15 working days from the
receipt of this order:
i) a copy of the agenda notes and relevant file notings of the DPC
in which the Complainant had been considered for promotion
to Scale III;
ii) a list of all the promoted candidates from the Agra Zone along
with the marks awarded to them;
iii) a copy of the Performance Appraisal Report of the Complainant
for the year 2000-01 and 2001-02;
iv) a copy of the seniority list of Scale II officers as on 1 January
2002 who had been included in the zone of consideration;
v) position of the Complainant in the seniority list and the
position of the last candidate from the zone of consideration
promoted in the DPC.
4. With the above direction, the complaint is disposed of.
5. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
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)
Assistant Registrar
CIC/PB/C/2008/00810-SM