CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/A/2009/001287/LS
Appellant : Shri L.R. Soni
Public Authority : Military Engineering Service
(through Brig V.G. Gole & Shri Dayanand
Arya, Joint Director)
Date of Hearing : 11.11.2009
Date of Decision : 11.11.2009
FACTS
:
By his letter of 30.1.2009, the appellant had sought information
about the number of Executive Engineers promoted to the rank of
Superintending Engineer during the period 2004 to 2008 as also the
number of officers who were promoted despite their gradings being
below ‘B’. As regards the number of the officers who were graded
below ‘B’, yet were promoted, the Appellate Authority in his decision
dated 13.4.2009 had informed the appellant that the DPC makes its
own assessment regarding the suitability of officers for promotion
based on the service record and assesses them as ‘fit’ or ‘unfit’ for
promotion and, therefore, the information sought by the appellant is
not available.
2. Dissatisfied with the decisions of the CPIO and the Appellate
Authority, the appellant had filed the present appeal wherein he has,
inter-alia, sought permission to inspect the records of MES (Civil
Section).
3. Heard on 11.11.2009. Appellant not present. The public
authority is represented by the officers named above. It is the
submission of Brig Gole that the ACRs can be shown to the appellant
in the light of the latest DoPT guidelines only prospectively and not
retrospectively.
4. It is to be noted that the Supreme Court of India in its
judgement dated 23rd January, 2007 in Appeal (civil) No. 322 of 2007
(P.V. George & Ors Vs State of Kerala) has held that the order of that
court will have retrospective effect unless it is specifically mentioned
in the order that it will have a prospective effect.
DECISION
5. It is, thus, clear that the Supreme Court order in Dev Dutt case
will have retrospective effect inasmuchas it has not been mentioned
anywhere in judgment that it will have a prospective effect. In this
view of the matter, Director (MES) is hereby directed to allow the
appellant to inspect his own ACRs for the last 05 years. It is,
however, clarified that he will not be entitled for the inspection of
ACRs of any other officers.
Sd/-
(M.L. Sharma)
Central 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.
(K.L. Das)
Assistant Registrar
Address of parties :-
1. Brig V.G. Gole
DDG (Pers) & CPIO,
Military Engineer Services,
Engineer in Chief’s Branch,
IHQ of MoD (Army),
Kashmir House, DHQ PO
New Delhi-110011.
2. Shri L.R. Soni
EE (SG), Tech. Advisor MAP,
C/o Station HQ S I Lines,
Bhopal-462001