Anuj Jain vs Small Industries Development Bank Of ... on 26 December, 2022

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Central Information Commission

Anuj Jain vs Small Industries Development Bank Of ... on 26 December, 2022

1. The issue under consideration arising out of the second appeal dated Nil include non-receipt of the following information sought by the appellant through the RTI application dated 17.02.2021 and first appeal dated 25.03.2021:-

(i) Marks/score assigned in annual performance appraisal report by reporting officer in FY 2017, FY 2018 & FY 2019 in respect of Mr. Anuj Jain.

(ii) Comments/remarks made against each parameter/attributes in annual performance appraisal report by reporting officer in FY 2017, FY 2018 & FY 2019 in respect of Mr. Anuj Jain.

(iii) Marks/score assigned in annual performance appraisal report by reviewing officer in FY 2017, FY 2018 & FY 2019 in respect of Mr. Anuj Jain.

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(iv) Comments/remarks made against each parameter/attributes in annual performance appraisal report by reviewing officer in FY 2017, FY 2018 & FY 2019 in respect of Mr. Anuj Jain.

(v) Comments/remarks of reviewing officer furnished for reduction in marks/score assigned by reporting officer, if applicable in annual performance appraisal report in FY 2017, FY 2018 & FY 2019 in respect of Mr. Anuj Jain.

(vi) As per the Annual Performance appraisal report of FY 2019. Adverse remark is made that there were serious complaints from customers regarding delaying and negative attitude of the officer. As mentioned above, kindly furnish copy of customer complaints and instances of delaying and negative attitude. Also, furnish the copies of communications made with Mr. Anuj Jain in respect of the above and response submitted by Mr. Anuj Jain thereafter, if any.

(vii) As per the annual performance appraisal report of FY 2019. Adverse remarks is made that the officer was given a chance to perform as BO in charge but really could not contribute effectively. Furnish the period for which Mr. Anuj Jain was made BO in charge. Comments of Reporting officer that on what parameters he could not contribute effectively.

2. Succinctly facts of the case are that the appellant filed an application dated 17.02.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Small Industries Development Bank of India, Lucknow, seeking aforesaid information. The CPIO vide letter dated 17.03.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 25.03.2021. The First Appellate Authority (FAA) vide order dated 06.05.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated Nil before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated Nil inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to Page 2 of 4 direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 17.03.2021 and the same is reproduced as under:-

(i) to (v) "The information sought had already been shared with the applicant (being employee of the respondent) through internal performance review/feedback mechanisms as well as in response to his earlier RTI application vide reply dated 15.07.2020.

(vi) The feedback/remarks given by Reporting/Reviewing Officer is based on overall work performance. There is no requirement of attaching documentary evidence of customer complaints or any other related document in the APAR. Further, as per extant APAR policy, the applicant being employee of respondent had since already made representation on the final rating/adverse remarks etc. The same was examined by the Competent Authority/Committee and was disposed off accordingly.

(vii) The period as branch in-charge was from 25.06.2018 to 25.11.2018. The same has since been provided in the APAR report already shared with the applicant in response to his earlier RTI application vide reply dated 15.07.2020."

The FAA vide order dated 06.05.2021 upheld the CPIO's reply.

5. The appellant remained absent and on behalf of the respondent Shri Sanjay Jain, CPIO, SIDBI, Mumbai attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that they had provided point-wise information to the appellant vide letter dated 17.03.2021. They informed that marks as well as comments/remarks given in annual performance appraisal report by reporting officer in FY 2017, FY 2018 & FY 2019 had already been shared with the appellant during the course of his employment.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the respondent had provided marks Page 3 of 4 obtained by the appellant but they did not provide copies of remarks given by the Reporting Authority and Reviewing Authority. The CPIO during the course of hearing informed that they had already provided the remarks of the Reporting Authority as well as of the Reviewing Authority. However they could not produce any letter/communication through which that information was provided to the appellant. The appellant remained absent and in the absence, submissions made by the respondent could not be verified. In view of the above, the respondent is directed to provide complete information regarding performance appraisal including marks and remarks of the Reporting Officer as well as of the Reviewing Officer to the appellant within two weeks of the receipt of this order. With the above observations and directions, the appeal is disposed of.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 23.12.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

The CPIO : Small Industries Development Bank of India, Head Office, SIDBI Tower, 15, Ashok Marg, Lucknow-226001, The CPIO : Small Industries Development Bank of India, Swavalamban Bhavan, Plot No. C-11, 'G' Block, Bandra Kurla Complex, Bandra East, Mumbai - 400051 The First Appellant Authority Small Industries Development Bank of India, Head Office, SIDBI Tower, 15, Ashok Marg, Lucknow-

226001, Shri Anuj Jain Page 4 of 4

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