CIC directs NTRO to furnish APAR of an ex employee
An application was filed with the National Technical Research Organization (NTRO) by one of its ex-employees under the Right to Information (RTI) Act seeking the copies of his annual performance appraisal reports for 2008, 2009 and 2010.
The applicant, earlier sacked from NTRO, had cited a Supreme Court decision to get the information on grounds of his human rights violation. However, NTRO had declined to provide the information saying that though the applicant had the right to get information under the SC verdict, the information could not be provided as the organisation falls in the second schedule of RTI Act and was exempted from its ambit.
Section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: of the RTI Act states that the act won’t apply to intelligence and security organizations specified in the second schedule provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded.
While hearing the case, the Central Information Commission (CIC) agreed with the appellant that it was a case related to human rights as termination from service had created survival problems for him.
Hence, the CIC has asked NTRO to provide the sought information to the appellant within 10 days.