IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WA.No. 2217 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.15464/2009 Dated 21/08/2009 .................... APPELLANT/PETITIONER IN WPC: ----------------------------------- MANNATIL KUMAR, 89, JAWAHAR NAGAR, KOCHI-682 020. BY ADV. MANNATIL KUMAR (PARTY-IN-PERSON) RESPONDENTS/RESPONDENTS IN WPC: ------------------------------------------- 1. THE CHIEF INFORMATION COMMISSIONER, CENTRAL INFORMATION COMMISSION, 2ND FLOOR, 'B'WING, AUGUST KRANTI BHAVAN, BIKAJI CAMA PLACE, NEW DELHI-110 066. 2. SMT.V.KALA, COMPANY SECRETARY AND CENTRAL PUBLIC INFORMATION OFFICER, COCHIN SHIPYARD LTD., KOCHI-682 015. 3. SHRI. K.K.SUKUMARAN, EXECUTIVE DIRECTOR (HRD) AND APPELLATE AUTHORITY, COCHIN SHIPYARD LTD., KOCHI-682 015. R2 BY ADV. SRI.PATHROSE MATHAI, SENIOR SRI.SAJI VARGHESE. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. -------------------------------------------------------- W.A.No.2217 of 2009 -------------------------------------------------------- Dated this the 8th day of October, 2009 JUDGMENT S.R.Bannurmath, C.J. The appellant party in person has approached this Court challenging the order of the learned Single Judge dated 21st August, 2009 in W.P.(C) No.15464 of 2009. 2. Though the appellant who was employed in Cochin Shipyard and retired as long back as in the year 1995 has been making futile attempts to seek his grievance of non selection at one point of time by the Shipyard. Repeated writ petitions have been filed by him before this Court which have been time and again rejected. Now the present complaint is that in respect of the Performance Appraisal Reports of the appellant and others sought for under the Right to Information Act, the same was rejected and the appellate authority, namely the Central Information Commissioner, has affirmed this rejection W.A.No.2217 of 2009 - 2 - and hence he may be given appropriate relief by this Court under this writ petition. 3. It is to be noted that though the appellant retired as long back as in the year 1995, it is only on 4.4.2006 he applied under the Right to Information Act to get certain records, that too even before his retirement. As noted by the learned Single Judge as well as the authorities, whatever records were available have been furnished to him. However, so far as the Annual Performance Appraisal Reports sought are concerned, which are for the period even prior to the appointment of the appellant have been sought for, and it was reported that as per the norms as the old records of more than five years cannot be kept and had been destroyed and as such the same cannot be given to the appellant. In the appeal filed before the Central Information Commission, again the same issue was considered and found that it is not the first attempt, but several such futile attempts have been made by the appellant time and again, almost more than 18 times. The appellate W.A.No.2217 of 2009 - 3 - authority and the learned Single Judge as well have declined to give any relief to the appellant. 4. As rightly observed by the learned Single Judge, the appellant is going on making futile attempts to redress his grievance when he was in service and having failed in every attempt he made including the approach to this Court, has been resorting to such kind of applications and representations. Agreeing with the learned Single Judge that the case of the appellant is devoid of merits, we dismiss the writ appeal. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns/vku.