Denial of Promotion needs to be disclosed under Section 4(1)(d)

[karira]

In a recent order, IC Ansari has ruled that reasons for denial of promotion need to be disclosed to the affected employee under Section 4(1)(d) of the RTI Act:

http://cic.gov.in/CIC-Orders/MA-03092008-08.pdf

Under section 4 (1) (d) of the Act, all the public authorities are required to provide reasons for administrative decisions taken by them. Accordingly, in compliance with the Appellate Authority’s order, the CPIO is directed to indicate the reasons for denial of promotion to the appellant within 15 working days from the date of issue of this decision, failing which penalty proceedings u/s 20 (1) of the Act, would be initiated.

[karira]

Another similar decision regarding disclosure of "recruitment and promotion" details of a public servant (the CPIO disallowed information under Sec 8(1)(e) and 8(1)(j):

http://cic.gov.in/CIC-Orders/MA-03092008-04.pdf

The information relating to recruitment and promotion should not be treated
as confidential. Therefore, denial of such information is unjustified. However, the
information is to be furnished in the form in which it is available with the respondent.
The appellant is, therefore, advised to seek inspection of relevant records so as to
identify and specify the required information which should be furnished as per the
provisions of the Act.

[prbhat_gen]

Recruitment, promotion issues non-confidential: CIC New Delhi, Sept 04: Public sector enterprises are liable to provide reasons for their administrative decisions on matters related to employees' promotion if any aggrieved person seeks for them, says Central Information Commission (CIC).

The ruling came on a plea filed by Assistant Manager (Civil) of Airports Authority Limited who had sought reasons for denial of promotion to him.

Central Information Commissioner M M Ansari said "under Section 4 (1) (d) of Act (that provides reasons for its administrative or quasi-judicial decision to the affected person), all the public authorities are required to provide reasons for administrative decisions taken by them...the CPIO of the Appellate Authority (AAI) is directed to indicate the reasons for denial of promotion to the appellant within 15 working days."

In another ruling related to the postal department, the CIC said the information on recruitment and promotion should not be treated as confidential.

"Therefore, denial of such information is unjustified. However, the information is to be furnished in the form in which it is available with the respondent," Ansari said in his order on a petition related to an Azamgarh resident.

The ruling said the appellant is, therefore, advised to seek inspection of relevant records so as to identify and specify the required information, which should be furnished under the provisions of the Act.

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