Copy of one’s own ACR is disclosable under RTI
8 Mar, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the Life Insurance Corporation (LIC) of India seeking details in respect of Rules/ Regulation applicable for writing the Annual Confidential Report (ACR) for employee holding class 3 posts in Assistant Cadre and other related information. The Public Information Officer (PIO) denied the information on the grounds that it was voluminous in nature.
Proceedings
During the hearing before the Central Information Commission (CIC), the respondent reiterated that the disclosure of information sought vide 17 points would result in causing harassment/ obstruction in working of the public authority and hence, it was denied to the appellant. The appellant stated that the PIO and the First Appellate Authority (FAA) had refused to furnish information quoting the provisions of section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act.
View of CIC
The Commission observed that the information sought pertains to photocopies of the appellants own ACRs for two years and the recorded reasons for denying fourth stagnation increment to him. The Commission held that this information is disclosable under the RTI Act and that the PIO /FAA has grievously erred in denying the information on grounds which were not covered under any of the exemption clauses of the RTI Act. The Commission directed the PIO to provide point wise full and complete information to the appellant.
Comment
Under RTI Act, the information can be denied only as per the provisions of sections 8 and 9. Section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the Act can only be used to change the form of providing the information if it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. It cannot be used for denying information.
Citation: Mr. V. Andithevar v. LIC of India in Appeal: No. CIC/DS/A/2012/001515
RTI Citation : RTIFI/2013/CIC/1104
Click here to view original RTI order of Court / Information Commission