User Tag List

Poll: Should Annual Confidential Report of Officials be disclosed under RTI?

Page 37 of 65 FirstFirst ... 2733343536373839404147 ... LastLast
Results 253 to 259 of 455
  1. #253
    Posts
    3
    Name:
    tirloknath
    Total Downloaded
    0
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Default Disclosure of acr under rti act


    dear sir
    is it poosible to know acr (annual confidential
    report marks) after supreme court ruling of may 12, 2008.



  2. #254
    Posts
    3
    Name:
    tirloknath
    Total Downloaded
    0
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Default Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    DEAR SIR
    SUBJECT: DISCLOSURE OF ACR UNDER RTI ACT 2005: REFER SUPREME COURT RULING CIVIL APPEAL NO. 7631 OF 2002 JUDGEMENT DATED 12 MAY 2008 (DEV DUTT VS. UNION OF INDIA).

    WITH REFERENCE TO THIS RULING OF SUPREME COURT,
    I WANT TO KNOW IS IT NOW POSSIBLE FOR A GOVERNMENT SERVENT TO OBTAIN MARKS/GRADES AWARDED IN THE ANNUAL CONFIDENTIAL REPORT UNDER RTI ACT.

    PLEASE SEE ATTACHED SUPREME COURT JUDGEMENT
    CIVIL APPEAL NO. 7631 OF 2002
    Dev Dutt .. Appellant
    -vs-
    Union of India & Ors. ..Respondents

    IN THIS CASE THE HONOURABLE SUPREME COURT HAS SAID
    AT PARA NO. 39
    " In the present case, we are developing the principles of natural justice
    by holding that fairness and transparency in public administration requires
    that all entries (whether poor, fair, average, good or very good) in the
    Annual Confidential Report of a public servant, whether in civil, judicial,
    police or any other State service (except the military), must be
    communicated to him within a reasonable period so that he can make a
    representation for its upgradation. This in our opinion is the correct legal
    position even though there may be no Rule/G.O. requiring communication
    of the entry, or even if there is a Rule/G.O. prohibiting it, because the
    principle of non-arbitrariness in State action as envisaged by Article 14 of
    the Constitution in our opinion requires such communication. Article 14
    will override all rules or government orders."

    IN PARA NO. 20
    " Thus it is not only when there is a bench mark but in all cases that an
    entry (whether it is poor, fair, average, good or very good) must be
    communicated to a public servant, otherwise there is violation of the
    principle of fairness, which is the soul of natural justice. Even an
    outstanding entry should be communicated since that would boost the
    morale of the employee and make him work harder."


    THANKING YOU,
    TIRLOK NATH

  3. #255
    Posts
    440
    Name:
    Rajneesh Madhok
    Total Downloaded
    0
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Default Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    GOVT IS SLOWLY ALBIET RELUCTANTLY BOWING TO THE DEMANDS FOR TRANSPARENCY
    It is really nice step that the government is bowing to the demands for transparency. As RTI Act has been started about two years back and the RTI Activists had been demanding the disclosure of annual Confidential reports in case of public interest outweighing the private interest. To change from Sep 21's Government decision allowing in the public interst the disclosure of annual confidential reports of government officials which were earlier protected from public scrutiny under the official secrets Act (OSA). We are happy that the Circular issued by the Ministry of Personnel and Public grievances seeks to streamline the guidelines for disclosure of ACRS in the face of growing demand of their disclosure under RTI. On the face of it, the memorandum bars the Pubic Information Authority appinted in Govt departments and ministries under the RTI Act to deal with demand for information from disclosing ACRs in ordinary circumstances. It is really great that the ministry issued the memorandum after a through legal vetting by the department of legal affairs in the law ministry.
    WHAT ACR CONTAINS:
    1. An Acr contains information about the character, capability and other attributes of the officials, disclosures of which to any other person would cause unwarranted invasion of privacy.---------As per memorandum barring public disclosure in ordinary circumstances.
    2. An ACR as the name suggests is also a confidential document disclosure of which is protected by the Official Secrets Act--------As per memorandum.
    3. Now the question arise if we consider all the above mentioned factors then the public authority is not under obligation to disclose the ACR of any govenment employee to the employee himself or any other person.
    4. As per the memorandum: The public authority however has a discretion to disclose the ACR if he is satisfied that public interest outweighs the harm to the protected interest.
    5. Now again the lacunae is there. While allowing the disclosure of an official's ACR in public interest, the memorandum however instructs the public authority to take the approval of the superior officer of the person whose ACR is being disclosed.
    6. Ultimately we can not be happy if we consider all the factors then the lacunae is very clear that while barring disclosure of ACRs in ordinary cirumstances, the memorandum makes a meek assertion about the Superiority of The OSA over the RTI Act.
    7. So if we conclude the OSA of 1923 is not completely superseded by the RTI Act, 2005---Kindly go through the memorandum.
    8. Though we can say the OSA is indeed superseded by the RTI Act in the event of public interest. You can judge by yourself whether under these circumstances do you think that it has superceded.
    9. Though Chief Information Commissioner Mr. Wajahat Habbibullah says that he is very clear that when there is a direct conflict between the OSA and RTI Act, it is the RTI which prevails. The OSA cannot be used in a manner in which it is inconsistent with provisions of the RTI Act. Though it is but we are sure that in practice it will be difficult to satisfy the PIO or FAA to seek ACR information.

    Rajneesh Madhok,
    B-xxx/63, Nehru Nagar,
    St. No. 2, Railway Road,
    Phagwara (Pb)

  4. #256
    Posts
    3
    Name:
    tirloknath
    Total Downloaded
    0
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Default Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    Thank you Mr. R. Madhok for your prompt reply.
    with best wishes
    TIRLOK NATH

  5. #257
    Posts
    463
    Name:
    NK Agarwal
    Blog Entries
    21
    Total Downloaded
    0
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Default Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Dear Mr. Madhok,
    would highly appreciate if you could pl. site the reference for para 9 of your post No. 255 "Chief Information Commissioner Mr. Wajahat Habbibullah says that he is very clear that when there is a direct conflict between the OSA and RTI Act, it is the RTI which prevails".

  6. #258
    Posts
    12
    Name:
    sanjay jeet singh randhawa
    Total Downloaded
    0
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Default Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    ACR is the means to access the junior with the aim to make him more better in profession.
    In India it is different, the bosses are not qualified to access the right man above their ratings,EGO !STATUS! but such is the case for only 30% of the bosses,the other 30% are just followers of the pattern, but 40% who think out of box and are capable seniors do not rate their juniors low becoz they know that better assessment will motivate them to be more better.
    I will tell you about my personnel, I have always given them to grade them in pencil and I find that when they bring the completed acr they have graded them low, because we are Indians, who always see others as better than us becoz we regard our boss higher. In the end, while finalising their acr I give them what they deserve and give them reasons for the same stating that no favours done, NOW u see they are motivated to the extent to even take personnel bombs across, now only you have to see that they should not stress themselves more.
    Once one of my junior accessed his personnel low so with his concurrence I got 360 degree assessment done for him which was eyeopener to him and he mended his ways thereafter. But in our sycophant world the opposite is true becoz sycophancy pays to both but not to professionals and skilled persons get demotivated and their good jobs are suppressed by seniors changing 'notes on file' with their names across.
    Even to the extent, in disguise of neatness nowadays the files have changed to folders where crook seniors only put across the information to their advantage and their bosses do not mind or say they are not professional to even know that they are being fooled for sycophancy. We need OBAMAS who can tell not to give bonus, to employ only US citizens or who can even say to colect less pay but keep earning bcoz luxoury comes only after needs and wants are satisfied.

  7. #259
    Posts
    440
    Name:
    Rajneesh Madhok
    Total Downloaded
    0
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Default Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Mr. N.K. Agarwal,
    "Though Chief Information Commissioner Mr. Wajahat Habbibullah says that he is very clear that when there is a direct conflict between the OSA and RTI Act, it is the RTI which prevails. The OSA cannot be used in a manner in which it is inconsistent with provisions of the RTI Act"
    Sir, i reapeat the words and it is what I have described. You can forward the post to Mr. Wajahat Habibullah for further explanantion.
    Regards,
    Rajneesh Madhok,
    B-xxx/63, Nehru Nagar, St. no. 2,
    Railway Road,
    Phagwara-144401 (Pb)
    Ph: XXXXXXXXXXX (O), XXXXXXX (R), XXXXXXXXXXXX
    Tele-fax: XXXXXXXXX, E-mail: xxx@yyy.zzz
    Last edited by karira; 02-05-09 at 05:53 PM. Reason: Deleting Mobile Number and email

Tags for this Thread



About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook youtube Tumblr RTI Microblog RSS Feed Apple App Store Google Play for Android

Newsletter Subscription