A retired government servant is entitled to obtain copies of their own ACR/APAR dossiers upon request, subject to record retention policies, superseding previous departmental restrictions that broadly prohibited such disclosure.

Headnote:The appellant, a retired employee, sought access to his private Annual Confidential Reports (ACRs) and service records, which were initially denied by the public authority based on outdated departmental instructions from 1972. The issue before the Commission was whether a retired government servant is entitled to copies of their own ACR/APAR dossiers under the Right to Information Act, 2005. The Commission examined the conflict between the 1972 instruction—which imposed a general prohibition on sharing ACRs with retired officers—and the updated 2012 Department of Personnel and Training (DOPT) guidelines. Adopting a ratio that modern administrative transparency and an individual's right to their own performance records take precedence, the Commission noted that the 2012 OM specifically allows access to such dossiers post-retirement, subject to specific retention conditions. The appeal is disposed of with a direction to the respondent to re-evaluate the application in light of the 2012 guidelines within 21 days.

Table of Content
1. overview of the background, rti filings, responses, and the contention between the appellant and respondent. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. legal determination regarding the applicability of updated dopt guidelines over obsolete 1972 instructions. (Para 9)

Relevant facts emerging from Second Appeal:

RTI application filed on : 05.09.2024
CPIO replied on : 07.10.2024; 24.10.2024
First appeal filed on : 07.10.2024
First Appellate Authority’s order : N.A
Second Appeal dated : 20.12.2024

Information sought:

1. The Appellant filed an RTI application on 05.09.2024 seeking the following information:

“1) I was serving in your esteemed Organization as Civilian Motor [- compulsorily retired from service by your office in 2022.

2) It is submitted that prior to my compulsory retirement, I was not provided copies of my own ACRs/ APARs for the period from 1991- 92 to 2015-16 and a copy of my own Service Book. As per Government of India's Decision No. (5) below G.F.R 81, "A certified copy of Service Book may be supplied on payment of a copying fee Rs. 5/- to a government servant who asks for it on quitting Government service by retirement, discharge or resignation."

3) It is submitted that I was neither provided a copy of my Service Book during my service tenure under Rule 288 (2) of G.F.R. 2017 nor at the time of my retirement under authority mentioned in Para 2 above.

4) It is, therefore, most humbly requested to kindly provide me the following documents for my information and record please :-

a) Certified copies of my own "ACRs/ APARs for the period from 1991-92 to 2015-16" for my information and record please.

b) Certified copy of my own Service Book under the provisions of G.F.R 2017.

5) In this connection, your kind attention is invited to a landmark decision dated 06 Jul 2020 regarding provisioning of copies of ACRs/ APARs passed by the Hon'ble Central Information Commission, New Delhi in File No CIC/DOATE/A/2018/164117-BJ titled Biplab Das Vs Department of Atomic Energy (copy enclosed).”

2. The CPIO furnished a reply to the appellant on 07.10.2024 stating as under:

“1) Ref your RTI application dated 05 Sep 2024.

2) In reply to Para 4 (a) : As per Govt of India, DOPT OM No 51/5/72 Ests (A) dated 20 May 1972 (Para 10.1) Confidential reports or copies thereof should not be given to a retired officer or anybody who has otherwise relinquished Government service.

3) In reply of Para 4 (b) of the applicant: As per Govt of India, Ministry of Personnel, Public Grievances and Pension (DOPT) F. No 34012/8(s)/2005-Estt (B) (Para 4 (a)) dt 16 Sep 2005 you have to deposit Rs. 160/- at the rate of per page Rs. 2/- for 80 pages of your service book to HQ The Infantry School, Mhow, after that certified xerox copy of your service book will be provided to you.

4) For your information please.”

The CPIO furnished a reply to the appellant on 24.10.2024 stating as under:

“1) Ref : -
a) Your RTI application dated 05 Sep 2024
b) Your application dated 07 Oct 2024.
2) It is submitted that reply of your RTI application at para 1 (a) above has already been forwarded vide this School letter No 1641/RTI/A dated 07 Oct 2024. However, the copy of the same is also enclosed for your ready reference and information please.
3) For your information please.”

3. Being dissatisfied, the Appellant filed a First Appeal on 07.10.2024. The FAA order is not available on record.

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Mr. Dinesh Chandra
Respondent: Lt Col Tarsem, Officiating CPIO

5. Proof of having served a copy of a second appeal to the respondent while filing the same in CIC is not available on record.

6. The Appellant inter alia submitted that the information sought by him pertains to his own service records including his ACRs/APARs and Service Book and the same are required by him in connection with an ongoing cas

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2026 Supreme(Online)(CIC) 7104

CENTRAL INFORMATION COMMISSIONSanjeev Kumar Jindal, Information CommissionerDinesh Chandra – AppellantVersusCPIO, HQ The Infantry School – RespondentCIC/ARMHQ/A/2024/140410

A retired government servant is entitled to obtain copies of their own ACR/APAR dossiers upon request, subject to record retention policies, superseding previous departmental restrictions that broadly prohibited such disclosure.

CENTRAL INFORMATION COMMISSION
Sanjeev Kumar Jindal, Information Commissioner
Dinesh Chandra – Appellant
Versus
CPIO, HQ The Infantry School – Respondent
CIC/ARMHQ/A/2024/140410