VISHWAMITRA SHRIVASTAVA Vs. MADHYA PRADESH STATE INFORMATION COMMISSION

JUDGEMENT

(1.) THE petitioner preferred an application under section 6 of Right to Information Act, 2005 (Annexure P/4). He claimed copies of various documents including ACRs, DPC proceedings etc. However, at appellate stage before the said Commission, the respondentdepartment provided him all other documents except ACRs. Feeling aggrieved by this portion of the order, by which ACRs were not provided, this petition is filed.

(2.) I have heard learned counsel for the parties at length.

(3.) IT is surprising that the Commission has not taken any pains to decide whether the petitioner was entitled to get copy of ACRs. The department informed the Commission that all documents except ACRs are given to the petitioner and mechanically the Commission has shown its satisfaction to this. Needless to mention that the Commission constituted under the RTI Act has quasi -judicial power. In my view, the Commission has passed the order dated 24.12.2008 mechanically and without application of mind. In Dev Dutt vs. Union of India, 2008 AIR(SC) 2513, the Apex Court opined that the employee is entitled to get copy of the ACRs whether or not the same are adverse against him. The relevant portion reads as under: -