Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 150
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 151
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Warning (512): Unable to emit headers. Headers sent in file=/home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php line=853 [CORE/src/Http/ResponseEmitter.php, line 48]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 148]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 181]
LATEST NEWS UPDATES | SC issues Notice in case seeking disclosure of performance appraisal reports-Soibam Rocky Singh

SC issues Notice in case seeking disclosure of performance appraisal reports-Soibam Rocky Singh

Share this article Share this article
published Published on Aug 26, 2012   modified Modified on Aug 26, 2012
-Law et al News

The Supreme Court on Friday issued notice to the central government on a petition seeking to disclose in public all ACRs (Annual Confidential Reports) or performance appraisal reports of all government officials under RTI.

A bench of Justice GS Singhvi and Justice SJ Mukhopadhaya today sought response from the government on the petition which raises a vital public issue as to whether performance appraisal reports of a public servant (previously known as ACRs) are liable for disclosure under RTI Act.

The petition filed by a lawyer, RK Jain, has challenged the 20 April 2012 order of the division bench of the Delhi High Court wherein his appeal was dismissed.

Jain had, then, filed the appeal challenging the 8 December 2011 order of the single judge of the Delhi High Court which stated that performance appraisal reports of a public servant are "personal information" within the meaning of Section 8(1)(j) of the Right to Information (RTI) Act and hence exempt from disclosure unless the applicant can show that a larger public interest warrants such disclosure.

The division bench also upheld the order of the Single Judge and dismissed Jain's appeal. Jain, in his appeal, has pointed that, "There is a clear difference of opinion between the High Courts of Kerala, Himachal Pradesh and Delhi."

"While the High Courts of Kerala and Himachal Pradesh have held that appraisal reports cannot be withheld from public and ought to be disclosed, Delhi High Court in the impugned judgment has held that appraisal reports are "personal information" of the concerned public servant," Jain stated.

The petitioner argued that, "Under Section 8(1)(j), only the information which relates to personal information "which has no relation to any public activity or interest, or which would cause unwarranted invasion of privacy of the individual", (thus only 'purely personal' information) is exempt from disclosure."

Jain said that information pertaining to performance of the public duty of a public servant can not to be exempted from disclosure under right to information.

Law et al News, 25 August, 2012, http://www.lawetalnews.com/article/3175/SC-issues-Notice-in-case-seeking-disclosure-of-performance-appraisal-reports.htm


Related Articles

 

Write Comments

Your email address will not be published. Required fields are marked *

*

Video Archives

Archives

share on Facebook
Twitter
RSS
Feedback
Read Later

Contact Form

Please enter security code
      Close