Departmental Promotion Committee proceedings – not exempted from RTI Act. Income Tax Deputy Commissioner wins in CIC
A Deputy Commissioner of the Income Tax Department was denied her promotion. She approached the UPSC under the RTI Act and asked for the proceedings of the DPC and connected records which resulted in her being overlooked for promotion.
The UPSC Information Officer informed her that
“The Commission have taken up the issue with DoPT regarding providing exemption from inspection of records sharing of minutes of the DPC/ Selection Committee Meetings etc. under Sections 8& 30 (i) of the RTI Act, 2005 as this would otherwise undermine the selection process. Pending a decision in this regard by the Govt., Commission has taken a policy decision not to share such information with the applicants under RTI Act. Consequently, your request for inspection of complete records and file as requested at Para 3 (i) and supply of the copies of all file including Notes Sheets etc. in Para 3 (ii) of your letter is not being acceded to and the same is regretted.”
On appeal, the Appellate Authority informed her,
As intimated to the Appellant vide the CPIO's letter dated 18.9.06,the DPC meeting was held strictly in accordance with the statutory Recruitment Rules, the DPC guidelines issued by the DoPT as contained in their OM No. 22011/5/86-Estt.(D) dated 10.4.89 and as amended from time to time, and the information /document including ACRs as made available by the Ministry of Finance, Department of Revenue at the time of DPC. The various rules and regulations called for by her have either been issued by DoPT, the nodal agency or by her parent office /CBDT. The relevant instructions/DPC guidelines are published documents are available in publication such as Handbook on Administration and Establishment. The CPIO therefore, rightly informed her to approach the DoPT and the CBDT for supply of these documents. So far as the copies of the note sheets and inspection of complete record and files are concerned, the UPSC have taken certain policy issues including exemption from inspection of records, sharing of minutes of the DPC/Selection Committee Meting etc. with the Govt. of India in the Dep't. Of Personnel & Training under Sections8 and 30(i) of the RTI Act 2005 as sharing of such information would undermine the selection process. The decision of the Govt. of India is still awaited. Pending decision of the Govt. the Commission have taken a policy decision that such information should not be disclosed to anybody till a final decision is taken by the Govt. of India in the Dep't. of Personnel & Training. Besides, the CIC in their decision have also held that DPC minutes /Assessment sheets etc., which contain confidential information relating to grading of the officials based on the ACRs, may not be disclosed. Since a policy decision has been taken by the Commission not to share such information relating to the selection process of the Commission and minutes of DPC the CPIO could not have furnished such information to the appellant.”
Then she appealed to the CIC with the issues as
1. Inspection of records and sharing of minutes of DPC / Selection Committee meeting.
2. Disclosure of complete records and proceedings relating to DPCs.
3. Provision of certified copies of guidelines etc. relied upon by this specific DPC, which had met in Feb.,2005 to recommend the names of promotions of IRS Officers in the scale of Dy. Commissioner (IT) to that of Jt. Commissioner.
The CIC held,
ISSUE 1
It is not for the DoPT to give a ruling on the disclosability of the DPC proceedings. These are disclosable under the RTI Act in the manner decided by this Commission, whose decision “shall be binding” u/s 19(7) of the RTI Act 2005. CPIO UPSC will, therefore, arrange inspection of the documents accordingly within 15 days of the date of issue of this Decision notice.
ISSUE 2
CPIO, UPSC will submit a statement to us within 10 working days of the date of issue of this Decision Notice, specifying the reasons why the information retained in sealed covers is to be kept sealed and in what manner the protected interest by keeping this information confidential outweighs the public interest in the context of sec. 8(2) of the RTI Act. A copy of this statement will also be endorsed to appellant Ms. Jyoti Legha, who may respond to it in a further 10 days from the date of receipt of this statement, failing which we will proceed to adjudicate the case of disclosability of these documents.
ISSUE 3
A copy of the guidelines be supplied to appellant within ten working days of the date of issue of the Decision Notice. If these guidelines continue to be the same as are currently applicable, UPSC may refer appellant to the relevant entry in DoPT's website. However, it would be fitting if the UPSC were to place these guidelines on its own website in conformity with Sec 4 (1) to be updated from time to time, as it will facilitate its own audience. CPIO UPSC agreed that this was already intended by the UPSC. Expeditious action is recommended in this regard by UPSC, with reference to Sec 25 (5) of the Act.