• Employment -promotion related

I am working in one of the  PSU of  Govt of India in middle order management post. Since last 10 years. I have appeared 4 times in the internal interviews conducted by the departmental promotion committee of my company for promotion to the next higher level. On all  the 4 occasion I have not considered or promotion in  all the 4 interview, Not satisfied with the decision I am planning to go to the court of law for justice. In order to avoid the direct confrontation with the management  I tried to collect the necessary information through RTI from my friend. My friend requested for the marks of  appraisal report and the portion of the CR considered by Departmental Promotion Committee for all the candidates appeared in the interviews  but the information has been denied by the company saying him that the information related to ACR and DPC  recommendation are confidential in nature and are allowed not to be disclosed as per RTI section 80ij.  NOT satisfied with the above again I am writing to the appellate officer of the company. I have gone through the information in  public domain on internet and various decision of the CIC and honorable Supreme court and  High courts  and there are conflicting decision and information. Some one says that the information related to the ACR and DPC proceedings can not be disclosed to the third party as these information are personal in nature and has no public interest at large and can be denied to third party  by the information officer under section 8ij of RTI act and some one says as the the ACR ranking, benchmarks, and CPC proceedings of employees of a public sector undertaking has a relationship with public activity as he discharge public duties and is therefore the matter of public interest and asking of such information does not amount to any unwarranted invasion in the privacy of public servant it has been further indicated  that when such information can be supplied to the parliament, the information relating to the ACR and CPC proceedings can not be treated as personal documents or private documents. One of the decision of  High Court states that appointments to these senior level posts in the Govt department  are made on a comparative assessment of the relative merits of various officers by a departmental promotion committee or a selection committee as the case may be. The evaluation of past performance of these officers is contained in the ACRs and DPC reports. On the basis of comparative assessment a grading is given. Such information can not be viewed as personal to such officers.  
In view of above what should I do? Should I advise my friend to write again to appellate officer for above information for me  or what is the way to get this information without directly coming into picture to avoid management victimization .
Asked 2 years ago in Labour from Delhi, Delhi
Go to CAT and file a case against the management for denying your promotion, inspite of your attending the internal interview 4 times and good performance by you in the interview.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0

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