APAR of Government officers not to be disclosed

The disclosure of APAR (Annual Performance Appraisal Report) of Government official has been the hot topic after the implementation of the RTI (Right to Information) Act was passed in 2005. Various RTI have been filed to obtain the APAR from the Government organisations. It has been established that the APAR is to be revealed to the individual for whom it has been written. You may go through this discussions here!

APAR

The APAR of Government Officer

The ACR (now APAR) is to be disclosed to the officer reported upon only.  Except Military Officers, all other officers are entitled to get copy of their own ACR/APAR.

ACR/APAR cannot be disclosed to third party.

PDF copy of Judgment is available in below link:

  1. SUPREME COURT – Dev Dutt’s case : SUPREME COURT ON ACR – DEV DUTT Vs UoI 12-5-2008.pdf
  2. FULL BENCH CIC DECISION ON DISCLOSURE OF ACR/APAR – CIC – ACRs NOT DISCLOSABLE TO 3RD PARTY — EPFO Vs MRUDULA GHAI – CIC-SM-C-2011-000934-M-66093 d.pdf 

As per Supreme Court (DB) judgment in Dev Dutt case (Civil Appeal No.7631 of 2002), ACRs are disclosable only to the officer(s) to whom they belong. These cannot be provided to third party. (Read para-39 of the Judgment).

However, the latest one is the decision of Hone’ble SC (3rd Oct, 2012 SLP (Civil) No. 27734 of 2012 G R Deshpande Vs CIC ), where Hon’ble SC has clearly said that, unless a larger public interest is involved, APAR (earlier ACR) can not be disclosed to third party.

{The performance of an employee/officer in an organization is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression “personal information”, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual. Of course, in a given case, if the Central Public Information Officer or the State Public Information Officer of the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information, appropriate orders could be passed but the petitioner cannot claim those details as a matter of right….
……We are, therefore, of the view that the petitioner has not succeeded in establishing that the information sought for is for the larger public interest. That being the fact, we are not inclined to entertain this special leave petition. Hence, the same is dismissed. 
}

Apex court – APAR cannot be disclosed to third party if overriding public interest is not established

Posted in DoPT, Government Employee & RTI
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