Copy of appellant’s ACRs was denied u/s 8(1)(d) - PIO: the position with reference to decision in various court cases is to be confirmed - CIC: if there are no court orders restraining the bank from providing copies of the ACRs, provide the information

Copy of appellant’s ACRs was denied u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; - Appellant: ACR of an employee is not confidential information - PIO: they are an associate bank of SBI and would like to confirm the position with reference to decision in various court cases - CIC: check the position regarding disclosure of ACRs and in case there are no court orders restraining the SBBJ from providing copies of the ACRs, provide the information

ORDER

Facts:

1. The appellant, Shri B.L Viyas, has submitted the RTI application dated 23 October 2012 before the Central Public Information Officer (CPIO), State Bank of Bikaner & Jaipur, Jodhpur, seeking photocopy of his ACRs from 2007 to 20012, including the remarks & number given by controlling authority and reviewing authority.

2. The CPIO, vide reply dated 19 November 2012, the CPIO that ACRs of employee is available with bank in a fiduciary relationship and is confidential, there is no larger public interest involved, therefore, exempted from disclosure under Section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act, 2005. Not satisfied by the CPIO’s reply, appellant preferred an appeal dated 21 November 2012 to the first appellate authority (FAA). Vide order dated 02 January 2013, the FAA upheld the order of the CPIO and also clarify the same.

3. Being aggrieved by the FAA’s order, the appellant preferred second appeal before the Commission on the ground that the ACR of an employee is not confidential information as held the full bench of commission in P.K Sarin vs. Public Authority Directorate General of Work Central Public Work Department (CIC/WB/A/2007/00422), dated 20 April 2007.

4. The matter was heard today via videoconferencing. The appellant Shri B. L. Vyas attended the hearing. Shri M. L. Raigar, Chief Manager, SBBJ represented the CPIO. Shri Sanjeev Mathur, Law Office, Zonal Office was also present at Jodhpur.

5. The appellant, Shri B. L. Vyas, had asked for complete photocopies of his annual confidential report from 2007 to 2012 including the remarks and the scores given by the Controlling Authority and Reviewing Authority.

6. The respondents had denied this information to the appellant. They stated that the photo copies of the ACRs are not given and that the SBI is also following the same practice. They added that they are an associate bank of SBI and would like to confirm the position regarding the disclosure of ACRs with reference to decision in various court cases.

Decision Notice

7. The respondent will check the position regarding disclosure of ACRs and in case there are no court orders restraining the SBBJ from providing copies of the ACRs to the appellant, they shall do so within 10 days of the receipt of the order of the Commission.

(Manjula Prasher)

Information Commissioner

Citation: Shri B.L Viyas v. State Bank of Bikaner & Jaipur in Appeal: No. CIC/VS/A/2013/000438/MP