Central Information Commission
Smt. T Chanda Biswas vs Tehri Hydro Development Corporation on 15 March, 2013
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/MA/A/2009/001019/LS
CIC/MA/A/2010/000103/LS
(Smt. T. Chanda Biswas vs. THDC India Ltd.)
Dated 15.3.2013
The matter, in short, is that the appellant is Dy. General
Manager in THDC India Limited. She had filed two appeals before this
Commission which were decided vide order dated 3.3.2010 in Files Nos.
CIC/MA/A/2009/001019 and CIC/MA/A/2010/000103. The proceedings of the
Commission are extracted below:-
" F. Nos.CIC/MA/A/2009/001019
CIC/MA/A/2010/000103
Dated, the 3rd March, 2010
Name of the Appellant : Smt. T. Chanda Biswas
Name of the Public Authority : THDC India Ltd.
Facts:
1. The appellant was heard on 26/2/2010.
2. The appellant has asked for information, through two separate applications, which relate to access to ACR and proceedings of DPC. Being dissatisfied with the CPIO's response, she has submitted two separate appeals, which are examined together.
3. In the course of hearing, the details of information asked for and the CPIO's responses were discussed. The appellant pleaded for providing copies of ACRs and DPC minutes.
4. The appellant also stated that she was harassed at work place by the senior officials, who have deliberately awarded lower ACR grades, to deprive her of promotional opportunities.
Decision:
5. The CPIO has already furnished ACR grades while the remarks made by the Reporting and Reviewing Officers have, however, been withheld, which is justified, u/s 8(1)(g) of the Act.
6. As regards disclosure of DPC minutes, this Commission has directed the public authorities, in a number of cases, for disclosure of the entire details containing information about recruitment and promotion of staff. There is, therefore, no justification for withholding such documents as DPC minutes. The CPIO is therefore directed to provide the DPC minutes relating to the promotion from Grade E-6 to E-7 for the year 2006 and Grade E-7 to E-7A for the periods 2007 and 2009, within 15 working days from the date of issue of this Decision, failing which penalty proceedings u/s 20(1) of the Act would be initiated.
7. With these observations, the appeals are disposed of."
2. Aggrieved with the above order regarding the disclosure of DPC minutes, THDC India Ltd. had filed Writ Petition No. 2506/2010 before the High Court (para 06 of the Commission's order). After hearing the parties, the Delhi High Court has passed an order dated 8.3.2013 in the matter. Paras 10.2, 11, 12 & 13 thereof are extracted below:-
"10.2 I must, however, note, at this stage, the contention of Mr. Malhotra that the information contained in the DPC minutes would advert to the ACR gradings of the other employee who may wish to object to the said information being disclosed to the respondent, and if, the CIC was of the view that such information ought to be disclosed in public interest, notwithstanding the intrusion into the private domain of other employees, the procedure prescribed under section 11 of the RTI Act ought to have been followed. The argument being; notice ought to have been issued to the employees who would then, have taken a call, as to whether or not they would want to oppose the disclosure of information pertaining to them, contained in the DPC proceedings.
11. Having regard to the contentions raised before me by learned counsel for the parties, I am of the view that the interest of justice would be served if the direction of the CIC contained in paragraph 6 of the impugned order is set aside and the matter remanded for a denovo hearing by the CIC. It is ordered accordingly. The CIC shall hear and dispose of the appeal of the respondent which arise from her 2nd application dated 14.8.2009 after giving due notice to the petitioner to file a reply and put forth its stand before it through its representative or counsel. The petitioner would be free to raise objections, amongst others, with regard to provisions of Section 8 (1) (j) and Section 11 of the RTI Act as they are only an issue of law, which are based on the very same set of facts, on the basis of which, objection under Section 8 (1)
(e) is taken by the petitioner. The CIC would also have regard to the judgments cited by the parties including the judgment of the Supreme Court in the case of Girish Ramchander Despandey vs. CIC and Anr., (2012) 9 SCALE 700, and the judgment of this Court in Arvind Kejriwal vs. CPIO Officer & Anr. 183 (2011) DLT 62 and R K Jain UOI, 2012 v AD (DEL) 443 as affirmed by the Division Bench Judgment of the Court.
12. For this purpose, parties will appear before the CIC on 15.3.2012. ICI will expeditiously dispose of the matter, through not later than eight (8) weeks from the first date of appearance.
13. The respondent shall also be free to take recourse to an appropriate remedy as may be available to her, in accordance with law if, she wishes to assail that part of the judgment of the CIC, whereby it sustained the decision of the CPIO to decline her request for being supplied her own ACRs for the period 2004 to 2007."
3. As per the direction of the High Court, the parties have appeared before the Commission today dated 15.3.2013. THDC is represented by Adv. Shailender Singh. The Respondent in the Writ Petition Smt. T. Chanda Biswas is also present. It may be pertinent to mention that the High Court order under reference deals with the matters arising out of two RTI applications filed by the appellant. It would be apt to reproduce these RTI applications for ready reference. In the RTI application dated 14.7.2009, the appellant had sought the following information:-
"Under the purview of the RTI Act I request you to please arrange to furnish me with the copies of the following documents:-
1. My Annual Confidential Reports from 2004 to 2008.
a) Jan-Sept'04 (par-1) and Oct'Dec'04 (part-2).
b) 2005,
c) 2006
d) Jan-July'07 (part-1), Aug-Dec'07 (Part-2)
e) 2008
2. Apart from above, the rating and remarks of Reporting Officers (name of Reporting officer), Reviewing Officers (Name of Reviewing Officers) and Accepting authority made also may kindly be made available to the undersigned.
3. It is also kindly questioned to inform whether there is any change in my ACR rating made by Moderation Committee for the above period prior to DPC.
This request is as per GOI, Geptt. Of Public Enterprises's Office Memorandum No. 5 (1)/2000-GM dated 28th May 2009 where Para 03 stipulates as under:
In compliance of the above referred judgment of Supreme court, the Government has issued instructions to the effect that full Annual Performance Appraisal Report (APAR) including the overall grade shall be communicated to the concerned officer"
4. In another RTI application dated 14.8.2009, the appellant had sought the following information:-
"Under the purview of the RTI Act I request you to please arrange to furnish me with the copies of the following documents:-
a) Attested copy of DPC-2007 & Attested copy of DPC 2008 proceedings for the post of AGMs.
b) Attested copy of Marks allotted by DPC Members in DPC 2007 for the post of AGMs.
c) Attested copy of Marks allotted by DPC Members in DPC 2009 for the post of AGMs.
d) What are the criteria followed for promotions from DGM to AGM.
e) Attested copy of DPC proceedings for the post of DGM.
f) Name of all eligible Senior Manager who appeared for DPC 2006 interview for the post of DGMs.
g) How many were promoted as DGM w.e.f. 01.04.2006 and their names.
h) What are the criteria followed for promotion from Sr. Manager to DGM in 2006."
5. The Commission would like to hear the parities at length. Hence, notice be issued to the parties for the appearance before the Commission on 15th April 2013 at 1430 hrs. THDC India Limited will produce all relevant records before the Commission.
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) Dy. Registrar Address of parties
1. The CPIO THDC Ltd., Tehri, Tehri Gardwal-249001 (Uttrakhand)
2. Smt. T. Chanda Biswas 608, Bhagirathy Apartments, Plot No. B-9/14, Sector-62, NOIDA - 201301 (U.P.)