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SC judgment on Service book/ACR copy to third party


beniwalg

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beniwalg

Hello,

can any one tell me the SC judgement which prohibit giving copy of service book/ACR to 3rd party being a matter between employer and employee..

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MANOJ B. PATEL

Dear member,

 

The Hon'ble Supreme Court in the case of Dev Dutt held that every entry in the APAR is disclosable to the employee, which decision was upheld by a larger bench in the case of Sukhdev Singh. In the Case of RK Jain Vs UoI the Hon'ble held that APARs of en employee is not disclosable to third party.

 

APAR is a personal information pertaining to the service career of an employee in an organisation.

 

The question whether the Central Information Commissioner acting under the Right to Information Act, 2005 was right in denying information regarding the personal matters pertaining to service career on the ground that the information sought for was qualified to be “personal information” as defined in clause (j) of Section 8(1) of the RTI Act, came up before the Hon'ble Supreme Court of India in the case of Girish Deshpande Vs CIC. In that case, CIC had held that the information which has been denied to the appellant essentially falls in two parts – (i) relating to the personal matters pertaining to service career; and (ii) Shri Lute’s assets and liabilities, movable and immovable properties and other financial aspects and further held that this information qualifies to be the ‘personal information’ as defined in clause (j) of Section 8(1) of the RTI Act and the appellant has not been able to convince the Commission that disclosure thereof is in larger public interest.

 

Said decision of CIC was challenged before the Hon'ble Supreme Court of India. Hon'ble Supreme Court, while dismissing the said petition vide order dt: 03/10/2012 had held that 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 or 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. It was further held by the Hon'ble Supreme Court that the petitioner in the referred case has not made a bona fide public interest in seeking information, the disclosure of such information would cause unwarranted invasion of privacy of the individual under Section 8(1)(j) of the RTI Act.

 

APAR is therefore not disclosable to third party.

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RAVEENA_O

APAR is not disclosable to third party. Even when the consent letter is produced by a third party from the employee concerned, the department has no obligation to supply APAR to that third party. Under the scheme of APAR, the employee is entitled for copy of APAR after its finalisation every year.

 

The Hon'ble Supreme Court in the case of Dev Dutt held that every entry in the APAR is disclosable to the employee, which decision was upheld by a larger bench in the case of Sukhdev Singh. In the Case of RK Jain Vs UoI the Hon'ble held that APARs of en employee is not disclosable to third party.

 

APAR is a personal information pertaining to the service career of an employee in an organisation.

 

The question whether the Central Information Commissioner acting under the Right to Information Act, 2005 was right in denying information regarding the personal matters pertaining to service career on the ground that the information sought for was qualified to be “personal information” as defined in clause (j) of Section 8(1) of the RTI Act, came up before the Hon'ble Supreme Court of India in the case of Girish Deshpande Vs CIC. In that case, CIC had held that the information which has been denied to the appellant essentially falls in two parts – (i) relating to the personal matters pertaining to service career; and (ii) Shri Lute’s assets and liabilities, movable and immovable properties and other financial aspects and further held that this information qualifies to be the ‘personal information’ as defined in clause (j) of Section 8(1) of the RTI Act and the appellant has not been able to convince the Commission that disclosure thereof is in larger public interest.

 

Said decision of CIC was challenged before the Hon'ble Supreme Court of India. Hon'ble Supreme Court, while dismissing the said petition vide order dt: 03/10/2012 had held that 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 or 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. It was further held by the Hon'ble Supreme Court that the petitioner in the referred case has not made a bona fide public interest in seeking information, the disclosure of such information would cause unwarranted invasion of privacy of the individual under Section 8(1)(j) of the RTI Act.

 

APAR is therefore not disclosable to third party.

 

For copies of both above SC judgments, please refer to :APAR of Government officer not to be disclosed

 

Also please go through the earlier discussion thread on this issue: ACR of an employee demanded by third party

 

Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act?

 

 

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