SC seeks Govt response on plea to make ACRs public under RTI

A bench comprising justices G S Singhvi and S J Mukhopadhaya issued a notice on the petition filed by RTI activist R K Jain challenging a Delhi High Court verdict rejecting his plea for disclosure of the annual performance appraisal reports, also known as ACRs, of public servants.

Advocate Prashant Bhushan, appearing for Jain, said the petition raises a short but important question of law as to whether APARs (previously known as ACRs) are liable for disclosure under RTI Act or not as there has been difference of opinion between various high courts.

"There is a clear difference of opinion between the High Courts of Kerala, Himachal Pradesh and Delhi. While the High Courts of Kerala and Himachal Pradesh have held that appraisal reports cannot be withheld from public and ought to be disclosed, the Delhi High Court in the judgement has held that appraisal reports are 'personal information' of the concerned public servant," he said.

The appeal has been filed against the April 20 verdict of the Delhi High Court which had said there was no merit in the case.

The High Court had said that APARs were "personal information" under the RTI and hence, exempted from disclosure unless it was established that a "larger public interest" warranted the disclosure.

RTI activist Jain had sought a direction to the Centre to disclose alleged "adverse" remarks in ACR of Jyoti Balasundaram, a member of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in 2000-01. (More)