Central Information Commission (CIC): A Single-Member Bench comprising of Sudhir Bhargava, Information Commissioner while disposing of a complaint concerning furnishing of incorrect reply to the complainant regarding his ACRs not being traceable, stated that the CPIO, National Thermal Power Corporation Ltd., should be issued a show cause notice for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him.

The background of the facts of the present matter is as follows, the complainant had filed an application under the RTI Act, 2005 seeking information on following points:

  • Certified copies of his Annual Appraisal Reports (AARs)/ ACRs for the years 1993 to 2003;
  • Certified copy of the proceedings of the Regional Promotion Committee recommendations for the years 1998, 2002 and 2003.

The contentions placed by the complainant were that the CPIO provided the information by falsely stating that the information/documents sought were 15 years old and not traceable. He further stated that the respondent had produced the relevant records before the High Court and had deliberately furnished incorrect information.

Further, the commission on due consideration of the contentions of the parties observed that the respondent had stated that documents being sought are 15 years old and are not traceable. However, respondent informed the Commission that the ACRs of the complainant out after the final judgment of the court as mentioned above. Show cause notice was issued to the respondent due to the incorrect reply furnished to the complainant. [Manohar Singh v. CPIO, NTPC,2018 SCC OnLine CIC 1419, Order dated 21-08-2018]

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