Service Book & ACRs of Government
employees :-
In Girish Ramchandra Deshpande v. Central
Information Commissioner and others (2013) 1 SCC 212. The decision of the CIC was challenged before the
supreme court and court affirmed the decision given by the CIC. Decision of the
CIC was :-
“Central
Information Commissioner denied the information pertaining to the service
career, ACR, criteria of promotion etc. and also denied the details relating to
assets, liabilities, movable and immovable properties of the third party on the
ground that the information sought for was qualified to be personal information
as defined in clause (j) of Section 8(1) of the RTI Act.”
The
Supreme Court has decided that :- it is not in the public interest to disclose
information towards service career, ACR and all details about properties of
public servant therefore decision of the CIC is correct.
In R.K.Jain vs Union Of India &
Anr AIR 2013 : the Supreme Court again reiterated the
decision given in the Girish Ramchandra Deshpande and held that :-
“the
petitioner herein sought for copies of all memos, ACR, show-cause notices and
censure/punishment awarded to the third respondent from his employer and also
details viz. movable and immovable properties and also the details of his
investments, lending and borrowing from banks and other financial institutions.
We
are in agreement with the CIC and the courts below that the details called for
by the petitioner i.e. copies of all memos issued to the third respondent, ACR,
show-cause notices and orders of censure/punishment, etc. are qualified to be
personal information as defined in clause (j) of Section 8(1) of the
RTI Act thus cannot be disclosed.”
So
it is clear from the above discussion that service book and ACR cannot be
disclosed under RTI Act.
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