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LATEST NEWS UPDATES | CIC asks NTRO to reveal ex-employee’s appraisal reports -Himanshi Dhawan

CIC asks NTRO to reveal ex-employee’s appraisal reports -Himanshi Dhawan

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published Published on Jun 17, 2013   modified Modified on Jun 17, 2013
-The Times of India


NEW DELHI: In a rare exception, the Central Information Commission (CIC) has asked National Technical Research Organization (NTRO) to disclose the annual appraisal report of an ex-employee. The technical intelligence agency is exempt from RTI except in cases of human rights violation and corruption.

The applicant, Odisha-based Subhendushree Routroy, had sought his annual performance appraisal reports for 2008, 2009 and 2010. He was sacked from NTRO and he argued that access to his annual appraisal reports was a human rights issue. The argument was upheld by the commission.

In his order, chief information commission Satyananda Mishra said, "Termination from service has created survival problems for him (Routroy). In this background, his need to have access to his own performance appraisal reports becomes very important and relevant as it would give him an idea of how the authorities rated his performance and whether he would have any opportunity of ever getting employment in any similar institution in future. In some sense, the denial of this information to him may result in the violation of his human rights, that is, the right to live and survive.''

Routroy had asked for his reports citing a Supreme Court decision. He said access would improve his chances for future employment. NTRO had denied the information on the grounds that although the appellant had the right to get copies of his appraisal reports according to the SC decision, he had no such right under the RTI Act since NTRO was included in the second schedule of the Act. Agencies that are part of the second schedule are exempt from the RTI Act except in cases of corruption or human rights violation.

Section 25 of the Act says, "Nothing contained in this Act shall apply to the intelligence and security organizations specified in the second schedule being organizations established by the central government or any information furnished by such organizations 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.'' It also lays down the condition that in case the information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the CIC within 45 days.

The commission has asked the agency to give the information within 10 working days.


The Times of India, 17 June, 2013, http://timesofindia.indiatimes.com/india/CIC-asks-NTRO-to-reveal-ex-employees-appraisal-reports/articleshow/20624262.cms


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