Central Information Commission
Mr. Satish Pateria vs Comptroller And Auditor General on 29 January, 2013
Central Information Commission, New Delhi
File No.CIC/SM/A/2012/001185
Right to Information Act2005Under Section (19)
Date of hearing : 29 January 2013
Date of decision : 29 January 2013
Name of the Appellant : Shri Satish Pateria,
14, Alka Puri, Behind New High Court,
City Centre, Gwalior, M.P - 474 002.
Name of the Public Authority : CPIO, O/o. the Accountant General
(A&E)I, Madhya Pradesh,
Gwalior, M.P.
The Appellant was present in person.
On behalf of the Respondent, Shri Rajender Khare, CPIO, was present.
Chief Information Commissioner : Shri Satyananda Mishra
2. Both the parties were present in the Gwalior studio of the NIC. We heard their submissions.
3. In respect of the promotion to the rank of Accounts Officer in the CAG, the Appellant had sought a number of information including the ACRs/APARs of one Shri SP Sharma, recommended by the DPC for promotion. While providing part of the information, the CPIO had denied to give the copies of the ACRs/APARs of Shri SP Sharma on the ground that it was his personal information exempt from disclosure under section 8 (1) (j) of the Right to Information (RTI) Act. The Appellate Authority had dismissed the appeal preferred before him since he found the decision of the CPIO in order. CIC/SM/A/2012/001185
4. After carefully considering the facts of the case and the submissions made before us, we are of the view that the relevant DPC proceedings should always be made public after the entire promotion process is complete. This would enhance transparency about the decisionmaking process and remove all doubts in the minds of the stakeholders about the objectivity of the DPC. In light of this, we would like the CPIO to provide to the Appellant the copies of the DPC proceedings including the gradings of the recommended candidates. Such gradings, if any, for those candidates who had not been recommended for promotion need not be disclosed as that might cause unwarranted invasion of their privacy. The gradings of a successful candidate in the DPC proceedings cannot be described as personal information because it is on the basis of such gradings that the DPC recommends a particular candidate for promotion. We direct the CPIO to provide the copies of the DPC proceedings to the Appellant including also the gradings given to the recommended candidates within 10 working days of receiving this order.
5. The appeal is disposed of accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief 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.
CIC/SM/A/2012/001185 (Vijay Bhalla) Deputy Registrar CIC/SM/A/2012/001185