Central Information Commission
*****
CIC/AD/A/2009/001165
Dated: October 6, 2009
Name of the Applicant : Shri Chander Bhan
Name of the Public Authority : M/o External Affairs
Background
1. The applicant filed an RTI application dt.5.6.09 with the CPIO, MEA. He
requested for the following information:
i) A glance at his ACRs starting from 1981 to 3/2009
ii) Extracts of gradings of the ACRs mentioned above
iii) A copy of DPC minutes pertaining to the promotion of IFS(B)
Grade I Under Secretaries to Sr. Scale w.r.t Office Order
No.Q/PA-II/584/1/2008 dt.25.5.09 wherein the applicant
has been ignored and juniors have been empanelled for
promotion.
iv) Bench Mark fixed by DPC for approving the select list for
promotion.
The CPIO replied on 3.7.09 furnishing point wise information. Not
satisfied with the reply, the Applicant filed an appeal dt.6.7.09 with the
Appellate Authority stating that the CPIO had furnished only part of the
information against pt.iii and complete information against pt.iv and
reiterated his request for information against rest of the points. The
Appellate Authority replied on 30.7.09 upholding the decision of the
CPIO. Being aggrieved with this decision, the Applicant filed a second
appeal dt.4.8.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled
the hearing for October 6, 2009.
3. Shri Debraj Pradhan, CPIO & JS(RTI, Shri R.Gaurav Shresth, DS(FSP) and
Shri Tanuj Shankar, SO (NGO) represented the Public Authority
4. The applicant was present during the hearing.
Decision
5. The Appellant submitted that he would like to bring to the attention of
the Authorities his career graph and the very good reports he has
received in his ACRs throughout his career in an effort to understand why
he was not considered for promotion by the DPC on the ground that his
grades were not up to the mark. However, he added that he would be
satisfied if last 5 years ACRs are provided instead of ACRs since 1981.
6. The Commission, in view of the latest decision of the Full Bench of CIC
passed vide order dated 19.02.2009 in Appeal No. CIC/WB/A/2007/00422
and the Supreme Court decision in Dev Dutt Vs. Union of India & Ors.
[(2008)8 SCC 725], directs the CPIO to provide copy of ACRs of the last 5
years to the Appellant by 10 November, 2009.
7. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Shri Chander Bhan
Under Secretary (TC II)
Ministry of External Affairs
Akbar Bhawan
Chanakyapuri
New Delhi
2. The CPIO
Ministry of External Affairs
O/o Joint Secretary (RTI)
Akbar Bhawan, Chanakyapuri
New Delhi
3. The Appellate Authority
M/o External affairs
O/o Special Secretary (PD)
R.No.183-A, South Block
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC