Central Information Commission
Shri B.L. Sinha vs Ministry Of Corporate Affairs on 26 August, 2009
Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.4369/IC(A)/2009
F. No.CIC/MA/A/2009/00572
Dated, the 26th August, 2009
Name of the Appellant: Shri B.L. Sinha
Name of the Public Authority: Ministry of Corporate Affairs
Facts:
1. The appeal was scheduled for hearing on 24.08.2009, but the appellant did not avail of the opportunity of personal hearing. The appeal is therefore examined on merit.
2. In response to the RTI application for providing copies of ACRs, the CPIO and Appellate Authority have refused to furnish the information. They have however not indicated the relevant provision under which exemption from disclosure of information has been claimed. The appellant has pleaded for disclosure of the information asked for.
Decision:
3. In a number of cases, the Commission has ordered for disclosure of ACR's grades so as to enable the concerned employees to assess their job performance and improve upon them. The CPIO's response reflects ignorance about the nature and type of information that are already in public domain. In the instant case, the respondent has not indicated the relevant provision u/s 8 (1) of the Act for claiming exemption from disclosure of information. The CPIO is therefore directed to furnish the information asked for within 15 working days from the date of issue of this decision, failing which penalty would be imposed. The CPIO would however be free to invoke section 10 (1) of the Act to withhold information relating to the remarks of the 1 reporting and reviewing officers, since the disclosure of such information might affect the life and liberty of the concerned officials.
4. With these observations, the appeal is disposed of.
Sd/-
(Prof. M.M. Ansari) Central Information Commissioner Authenticated true copy:
(M.C. Sharma) Assistant Registrar Name & address of Parties:
1. Shri B.L. Sinha, Flat No. 4-B, Raycon Park, 207, Dum Dum Park, Kolkata-700055.
2. Shri M.K. Arora, Central Public Information Officer, Ministry of Corporate Affairs, Shastri Bhavan, 'A' Wing, 5th Floor, New Delhi-
110001.
2