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Old 08-07-2007, 08:05 PM
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Re: DPC proceedings not to be disclosed

In a recent decision, on 3rd August 2007, CIC has ruled that DPC proceedings have to be disclosed BUT ACR's, which might be evaluated by DPC, need not be disclosed.

Please see:

http://cic.gov.in/CIC-Orders/Decision_03082007_04.pdf

The Central Information Commission in a series of decisions has already
issued directions with regard dealing with disclosure of information of DPC
meetings under the RTI Act, 2005. In the case of Sh VK Dalal vs Deputy
Accountant General, Appeal No CIC/AT/A/2007/00298 of 21 May, 2007 we have
decided as follows:
“There are decisions of the Commission about disclosure of the
DPC proceedings (in the case of (i) Gopal Kumar Vs Army HQ;
Appeal No. CIC/AT/A/2006/00069; Decision dated13.07.2006 (ii)
SK Sarangi Vs CBEC; Appeal No CIC/AT/A2006/0470; Decision
dated 9.01.2007 and (iii) BL Sinha Vs Ministry of Company Affiars;
Appeal No. CIC/AT/A/2007/00256; decision dated 03.05.2007). It
has bben decided in the past appeals that the DPC proceedings
shouled be disclosed to an applicant who might ask for the same,
while the Annual Confidential Reports, which might be evaluated by
such DPC, need not be disclosed”
As per Sec 19 (7) of the RTI Act “The decision of the Central Information
Commission or State information commission shall be binding.” The CPIO,
UPSC is, therefore, directed to adhere to these directions in dealing with
requests for information with regard to DPC.
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