User Tag List

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

Page 37 of 56 FirstFirst ... 2733343536373839404147 ... LastLast
Results 289 to 296 of 444
  1. #289
    Posts
    2
    Name:
    sanjay kumar tamta
    Total Downloaded
    0
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    0%
    Monthly Activity
    0.14%
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Question Provide ACR to third party under RTI


    I want to know whether any PA may provide copies of ACRS of its emploees to THird party or may disclose to public under RTI



  2. #290
    Posts
    41,126
    Name:
    C J Karira
    Blog Entries
    9
    Total Downloaded
    297.4 KB
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    55.8%
    Monthly Activity
    41.41%
    Problems Posted
    0
    Problems Solved
    7
    Best Answers
    7
    Good Answers
    7

    Default Re: Provide ACR to third party under RTI


    Quote Originally Posted by sktamta View Post
    I want to know whether any PA may provide copies of ACRS of its emploees to THird party or may disclose to public under RTI
    Till now, CIC or any other SIC has not allowed disclosure to a third person or the public.
    @cjkarira

  3. #291
    Posts
    180
    Name:
    vikram
    Total Downloaded
    0
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    0%
    Monthly Activity
    0.14%
    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


    Can i seek file noting redress of complaints lodged against ACR.I iwish to ascertin how the issues of verfying the corrupt acts of a IO/RO were verfifed . Usually the IO/RO are hands in gloves with officers who are resposnbile formaking draft for redress.

    Also what are the latest orders of CIC on ACR of officers in Defence Forces. Cananybody provide a link to the latest order

  4. #292
    Posts
    3,307
    Name:
    Sandeep Baheti
    Total Downloaded
    0
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    1.5%
    Monthly Activity
    0.2%
    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



    Quote Originally Posted by vikrambakshi67 View Post
    Can i seek file noting redress of complaints lodged against ACR.
    The best way to find out is to file an RTI application asking for it. But you may need to go all the way till second appeal to find out. Be careful, there may be possibility of an attempt of victimization.

  5. #293
    Posts
    180
    Name:
    vikram
    Total Downloaded
    0
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    0%
    Monthly Activity
    0.14%
    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


    I have already done lodged RTI Act and they have quoted OSA rules not to disclose ACR. I have lodged First Appeal. I am expecting a call from FAA.

    Second i also sought redress on my damaged ACR and they quoted all possible rules including fiduciary relationship. Like in other post including the explanation today, that 'One important condition of a fiduciary relationship is that one person holds a position of trust for the benefit of the other person. In case of information relating to action taken on any complaint , neither there is any position of trust nor the information is held particularly for someone's benefit'.

    I have even agreed not to disclose me ACR issues file noting part of my redresstill more orders come on ACR but to show me the verification documents of incidents of bias reporting by RO. That will itself bring out the fact if he was honest himself to judge my honesty. It seems the RO has approached them discreetly to just send me one liner speaking order of "Reject". I insist that redress to complaint comes under Section 4 (1) (b) (iii) and section 4 (1) (d). irrespective of ACR status.

    The issues of ACR is important also to bring in accountability of corrupt IO /RO but the issues of redress is also important to bring in accountability of corrupt officals in administrative justice channel.

  6. #294
    Posts
    180
    Name:
    vikram
    Total Downloaded
    0
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    0%
    Monthly Activity
    0.14%
    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


    In ACR important qualities like Honesty, integrity and loyalty etc are bascially to be judged how much we are to the organization.

    The corrupt IO/RO/SRO judge the grading of important character qulaities like Honesty/ integrity/loyalty etc how much we are to them and not to the organization.

    The biggest loophole in any officer ACR is that seven and eight point is considered is above average and nine point is outstanding.
    In selection board seven is rejected. So RO gives seven and we cannot challenge them as on paper it is above average but not enough to impress the Selection Board ,

    I insist that seven and eight to be also in separate bracket so that IO/RO should have enough conviction to openly give a seven to a unworthy ratee but not harm a righteous ratee by present rule of seven and eight in same bracket of above average/

    Also in hidden portion one can get seven even if he gets nine in open portion. That means IO does not have courage of convictions to justify a seven in open. I insist all grading to be open so that automatically it will impose an obligation to IO/RO to be clean themselves and then the ratee.

    In present system too many games people play.

  7. #295
    Posts
    459
    Name:
    NK Agarwal
    Blog Entries
    21
    Total Downloaded
    0
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    92.5%
    Monthly Activity
    0.14%
    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. Bakshi,
    if you pl., post your RTI Application and FA in this forum.
    The actions/replies of PIO/FAA would depend on how you have framed your queries and appeal.Untill the same are seen, it is difficult to give a specific suggection for follow up.
    Various decisions of CIC and SICs are available in this forum allowing disclosure of ACRs. Pl. go through the same and see how your case is different from these cases.
    Last edited by nk agarwal; 07-21-2009 at 01:07 PM. Reason: correctons

  8. #296
    Posts
    41,126
    Name:
    C J Karira
    Blog Entries
    9
    Total Downloaded
    297.4 KB
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    55.8%
    Monthly Activity
    41.41%
    Problems Posted
    0
    Problems Solved
    7
    Best Answers
    7
    Good Answers
    7

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


    In the following order, it seems that the CIC has finally taken cognizance of the Apex Court order on ACR's. It has also clarified that the Office memo of DoPT regarding APAR's (please see post #283 above), that the term "prospectively" as used in the memo is only applicable to APAR's and not to ACR's:

    http://cic.gov.in/CIC-Orders/WB-27072009-01.pdf

    However, the issue that remains unresolved is whether the principle of severability has been correctly applied in the present case, i.e. whether the ACRs are to be treated as exempt from disclosure. This issue stands clearly addressed by the decision of the apex court quoted by us at some length above, and therefore should have been put at rest. The O.M. issued by DOPT on 14.5.09 seeks to do so, The stipulation that “the new system of communicating the entries in the APAR shall be made applicable prospectively” is applicable only in terms of the system now prescribed, as interpreting this to bear on disclosing what the apex court has ordered to be disclosable will be unsustainable in law. In its ruling on the issue The new system of communicating the entries in the APAR shall be made applicable prospectively of communication of all entries ordered by it in Para 39 as underlined by us in the reference above the apex court has enunciated unequivocally that “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 of India, 1950 in our opinion requires such communication2” It cannot be disputed that what is justifiable under the law today was also justifiable under the same law if it existed yesterday, which Art 14 of the Constitution clearly did. In light of this, CPIO Shri K. S. Achar is directed to supply the information sought to appellant -Ms. Sushma Jain, with reference only to her own ACRs within ten working days of the date of receipt of this Decision Notice.
    @cjkarira

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