2010 (7) TMI 1225 - HC - Indian Laws

Summary

Issues Involved:
1. Disclosure of information regarding the processing of applications.
2. Disclosure of disaggregated marks in the promotion process.
3. Reimbursement of certain amounts and arrears of HRA and CCA.
4. Penalty proceedings u/s 20 of the RTI Act against the CPIO.

Summary:

1. Disclosure of Information Regarding the Processing of Applications:
The State Bank of India (SBI) was directed by the Central Information Centre (CIC) to provide clear and specified information on how the respondent's applications dated 25th January 2007, 9th April 2008, and 8th May 2008 were processed and dealt with by the competent authority. The respondent had sought details on the actual position of his applications, steps taken on them, and internal correspondence related to his applications. The CIC found that the CPIO had not indicated the provision under the RTI Act under which the information sought could be denied.

2. Disclosure of Disaggregated Marks in the Promotion Process:
The respondent requested information on the marks awarded to him in the promotion process, including section-wise details of marks obtained in written, interview, and Performance Appraisal Form (PAF). The CPIO initially declined to provide this information, citing that the details of marks obtained in PAF and promotion information are kept secret. However, the CIC directed the disclosure of these marks, stating that the information concerning the respondent himself is not exempt from disclosure u/s 8(1)(e) and (j) of the RTI Act. The court upheld this view, emphasizing that the purpose of adverse entries in ACR is to enable the employee to improve performance, which cannot be achieved if the information is withheld.

3. Reimbursement of Certain Amounts and Arrears of HRA and CCA:
The respondent also raised issues concerning the reimbursement of certain amounts and arrears of House Rent Allowance (HRA) and City Compensatory Allowance (CCA). The court did not find any specific legal contention or ruling on this issue in the judgment.

4. Penalty Proceedings u/s 20 of the RTI Act Against the CPIO:
The CIC directed the CPIO to explain why penalty proceedings u/s 20 of the RTI Act should not be initiated for not providing the information sought by the respondent. The court did not specifically address the penalty proceedings but focused on the disclosure of information.

Conclusion:
The court dismissed the writ petition and upheld the CIC's order directing the disclosure of the requested information to the respondent. The court emphasized the importance of transparency and accountability in public authorities as per the RTI Act and rejected the petitioner's arguments that the information was exempt from disclosure u/s 8(1)(e) and (j) of the RTI Act.