Appellant sought copies of his APAR for the years 2006-13 - Respondent: the Madras HC has stayed the order of CIC in reference to furnishing of copies of ACR relating to the appellant; copy of ACR being provided from 2013 - CIC: PIO’s order upheld
1. The appellant, Shri Sanjay Kumar Khare, submitted RTI application dated 18 June 2013 before the Central Public Information Officer (CPIO), United India Insurance Co. Ltd., Chennai, seeking information regarding copies of APAR for the years 2006-07, 2008-09, 2009-10, 2010-11, 2011-12 & 2012-13, through a total of 3 points.
2. Vide reply dated 2 August 2013, the CPIO furnished the information sought by the appellant. Dissatisfied by the reply of the CPIO, the appellant preferred appeal dated 6 August 2013 before the first appellate authority (FAA) stating that the response provided to him was inadequate and improper. Vide order dated 5 September 2013, the FAA denied the information u/s 8 (1) (b) of the RTI Act,2005 on the ground that Hon’ble High Court of Madras has passed order of Interim Stay in WP No. 22500/2013 filed against the order of CIC in reference to furnishing of copies of ACR relating to the appellant.
3. Not satisfied with the response of the public authority, the appellant preferred second appeal before the Commission.
4. The matter was heard by the Commission. The respondents submitted that the appellant had sought information regarding copies of his APAR for the years 2006-13. They also submitted that there is a writ petition pending before the Hon’ble High Court of Madras which had passed order of Interim Stay in WP No. 22500/2013 filed against the order of CIC in reference to furnishing of copies of ACR relating to the appellant. They also added that they follow the practice of giving only the final rating to the employees and from 2013-14 they are now furnishing the copies of the ACR to the employee concerned in compliance of the Supreme Court’s order in the case of Dev Dutt v. Union of India (Civil Appeal No. 7631 of 2002) dated 12 May 2008.
5. The Commission accepts the submission of the CPIO in view of the position that the present matter is pending before the Hon’ble High Court of Madras. The appeal is disposed of.
Citation: Shri Sanjay Kumar Khare v. United India Insurance Co. Ltd., in Appeal: No. CIC/DS/A/2013/002530/MP