AHMEDABAD: The Central Information Commission has given a breather to the embattled 1992 batch IPS officer Rajnish Rai in his appeal under the Right to Information Act against the Union ministry for home affairs.
In a marked departure from the positions it had taken in earlier cases, CIC has overruled the MHA stand that Supreme Court decisions on the subject should be considered, and asked it to grant Rai access to the grades entered in his annual confidential reports.
It also has provided access to Rai to the proceedings of 190th meeting of Central Police Establishment Board held in the Union home secretary's office, which considered his empanelment to the centre as DIG.
MHA had earlier turned down Rai's request seeking these details under RTI, stating they were confidential and exempt. Rai wanted to know that though eligible, why was he not empanelled.
CIC held that non-communication of entries in ACRs of a public servant has civil consequences, as it may affect his chances for promotion or other benefits. Holding non-communication would be arbitrary and violative of Article 14 of the Constitution, it set aside MHA's decision.
SC had held that principles of natural justice, fairness and transparency in public administration requires that all entries (poor, fair, average, good or very good) in a public servant's ACR, must be communicated to him within a reasonable period. This, so that he can make a representation for its upgrade.