Central Information Commission
Appeal No.CIC/WB/A/2007/01277-SM dated 18.6.2007
Right to Information Act-2005-Under Section (19)
Dated 13.02.2009
Appellant : Shri P. Durai
Respondent : Heavy Alloy Penetrator Project, Ministry of Defence
The Appellant is present.
On behalf of the Respondent, Shri M.K. George Kutty is present.
The brief facts of the case are as under.
2. The Appellant had requested the CPIO in his letter dated 18.6.2007, asking for
both the copies of the Performance Reports and the names of those persons who recorded
his Performance Report for the relevant period. This was denied by the CPIO in his reply
dated 16.7.2007 on the ground that the information sought was confidential in nature and
the disclosure of such information would lead to avoidable unpleasantness and personal
animosity. The Appellant filed an Appeal before the first Appellate Authority on
19.6.2007. That Authority decided his Appeal in a speaking order on 9.8.2007. The
Appellate Authority upheld the decision of the CPIO and held that disclosure of the
Performance Reports was exempt under Section 8 of the Right to Information (RTI) Act.
Not satisfied with this order, he has approached the Commission in Second Appeal.
3. We heard the case through video conferencing. After hearing the submissions of
both the sides we are of the view that the copies of relevant Performance Reports along
with the names of officers who recorded those reports should be disclosed to the
Appellant as there is nothing personal about such reports. Performance Reports are
recorded with a view to assessing the Performance Standards of an employee and
disclosure of such reports would not only create a transparent atmosphere in the
organization, it would also help the employee to improve his performance based on the
assessment of the seniors. Therefore, we direct the CPIO to provide within 10 working
days from the receipt of this order, copies of the relevant Performance Reports along with
the names of the officers who recorded these.
4. With the above directions we dispose off this Appeal.
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