The Central Information Commission has directed Health Ministry to ensure that Annual Performance Appraisal Reports are finalised within given time frame so that officers like Magsaysay awardee Sanjiv Chaturvedi do not face hardships.
Noted whistleblower Chaturvedi had approached AIIMS, where he was Chief Vigilance Officer, seeking file notings and copies of his APAR under the RTI Act but the institute refused to part with it saying it has not been finalised.
"The appellant states that due to non-finalisation of the performance appraisal report, he is being put in a disadvantageous position vis-a-vis his peers. In this factual backdrop, the appellant states to have sought the certified copy of the related file notings," Information Commissioner Yashovardhan Azad noted in his order.
He said APAR is disclosable per se upon finalisation of assessment, however, in the present case, the report is under consideration of the reviewing authority.
The Information Commissioner expressed his empathy with Chaturvedi who was removed from the post of CVO three months after the NDA government assumed power at the Centre.
"The Commission is quite alive to hardship faced by the appellant in terms of detriment of career prospects in terms of the rules framed by the DoPT that the APAR has to be written by reviewing and accepting authority within a given time frame," he said.
Azad said the Ministry of Health and Family Welfare in this case and the cadre controlling ministry that is the Ministry of Forest are supposed to ensure this.
"A copy of this order shall be marked to Secretary Health, Government of India for taking necessary corrective action to ensure that officers like the appellant in the instant case, do not suffer on account of delays in writing of their APARs by senior officers," he said.
Azad also ordered disclosure of number of corruption cases
referred to CBI and CVC by AIIMS after Chaturvedi's unceremonious removal on August 16, 2014.
Chaturvedi had approached the Commission after his RTI reply seeking details of the cases referred by AIIMS following his removal from the position did not elicit satisfactory reply from the AIIMS.
AIIMS contended that disclosure of such information may create create problems for the apprehension, prosecution and conviction of accused and sought refuge under section 8(1)(h) of the RTI Act which exempts disclosure of such information.
"The Commission observes that furnishing details of the cases referred to CBI or CVC may create impediments in the course of investigation thereof. However, in considered opinion of the Commission, there is no harm in disclosure of numerical data as precisely reflecting the number of cases which were referred to CBI and CVC," Azad said in his order.
He also allowed disclosure of information related to objections raised on the appointment of former Chief Vigilance Officers of the Institute, if any.
"The Commission observes that the disclosure of information sought would go a long way in furtherance of cause of transparency in a premier medical institution of the county," he said.
