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

[vashisthvivek]

I think, the Punjab Information Commission in its landmark decision has set at rest the controversy to some extent. The full bench has decided that the copies of the ACRs can be provided to the applicant. The decision has been delivered on 5th November, 2007 and is available on the website of the Punjab Information Commission.

[vashisthvivek]

The decision of the Punjab State Information Commission is available on the following thread :
ACRs can be accessed : Punjab State Information Commission

[smnislam]

The 2 views expressed by vashisthvivek dated28/10 appear to be at variance. may like to clarify

[vashisthvivek]

Dear smnislam,
I think the confusion has arisen from the first para of post at 10.59PM. The first para is not my view and I have just quoted the view of somebody else. In the second para, I have expressed my opinion on the quoted view. Even if, you think there is any variance, please kindly point out, so that the matter can be clarified.
thanks.

[smnislam]

Dear mr vashishtvivek,
i fully endorse ur views that ACR should be disclosed. As far as the manner is concerned there may be no. of ways and states of mind for making the disclosuere. some element of subjectivity will always remain in writing acr but the very fact that the writer knows that transparency will lead to a scrutiny of his/ her judgement shall propell the writer into being as objective and forthcoming as possible

[vashisthvivek]

Thanks a lot.

[taurus]

The current view of the Govt. on this issue is clarified in the DOPT OM Dt. 21/9/2007. It clarifies that the disclosure of ACR to anyother person would cause unwarrented invasion of privacy. Besides, it is a confidential document. It is covered under Official Secrets Act. Hence Sec 8(2) of the Act gives discretion to the public authority to disclose or not. IF THE PUBLIC INTEREST IN DISCLOSURE OUTWEIGHS THE PROTECTED PERSONAL INTEREST, then it can be disclosed. Decision to disclose is to be taken by the competent authority. Who will be competent authority will be decided by the Public Authority.

[vashisthvivek]

Dear taurus,
It seems to be an old position. With coming of decisions of the Tripura Information Commission and the Punjab Information Commission, the position has changed a lot.

[taurus]

Originally Posted by vashisthvivek

Dear taurus,
It seems to be an old position. With coming of decisions of the Tripura Information Commission and the Punjab Information Commission, the position has changed a lot.

Sorry. I am not aware of the decisions of Tripura and Punjab Information Commission's decisions. But I have only stated the stand taken by CIC. That has not been changed so far.

[vashisthvivek]

'Dear taurus,
The decision of the Punjab State Information Commission is available on the following thread :
ACRs can be accessed : Punjab State Information Commission

[vashisthvivek]

The decision of Tripura Information is commission is attached herewith.

[karira]

Originally Posted by taurus

The current view of the Govt. on this issue is clarified in the DOPT OM Dt. 21/9/2007. It clarifies that the disclosure of ACR to anyother person would cause unwarrented invasion of privacy. Besides, it is a confidential document. It is covered under Official Secrets Act. Hence Sec 8(2) of the Act gives discretion to the public authority to disclose or not. IF THE PUBLIC INTEREST IN DISCLOSURE OUTWEIGHS THE PROTECTED PERSONAL INTEREST, then it can be disclosed. Decision to disclose is to be taken by the competent authority. Who will be competent authority will be decided by the Public Authority.

PRIVACY

There is no clear definition of "privacy" anywhere in the RTI Act.

The CIC relies on the definition of "privacy" construed as "protection of personal data" as defined in the UK's Data Protection Act, 1998, Sec 2:

In this Act, "sensitive personal data" means personal data consisting of information as to:

a) The racial or ethnic origin of the data subject
b) His political opinions
c) His religious beliefs or other beliefs of a similar nature
d) Whether he is a member of a Trade Union
e) His physical or mental health or condition
f) His sexual life
g) The commission or alleged commission by him of any offence
h) Any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.

Although, I have never seen a ACR in my life, I am sure that a ACR should never include anything from a) to f).
If it does include any information regarding items g) and h) above, they will surely pertain to complaints made against the officer while discharging his duties or offences committed by him during discharge of his duties as a public servant (for example taking bribe, etc.).
This type of information can surely never be termed as private but is in the general public interest.

[meteor]

Originally Posted by karira

Agree totally.
If a subordinates performance is poor or certain areas are weak, he needs to be told and informed. Otherwise how will he ever know where or what areas need improvement.
Similarly, if his reports are good, he should also be told...this will motivate him further.
Why is a 3rd person interested at all in the evaluation process ?

I agree too.

[r.r.makwana]

ACRs.

Most important document in the employees life. His career depends on the ACRs.

The basic purpose of the ACRs are to evaluate the employee. and to know the higher authority about the works (duty) done by the subordinate employee.


But in the INDIA, Many role is been played to effect (positive as well as adverse) the one's career.

If ACRs are the public document, even than the employees career / other normal life could be horrible. IF the third party uses it against the honest one.

And the same way dis-honest one's will never be come under the secrate document category.

So, it is valid that the ACRs would be available to the person (applicant), after deciding the purpose of the ACRs.

[wagh7]

Hello dear friends,
The annual CR's are giving some openion of the suboridinates, and in Executives' cadre it also give a chance of self appraisals.

When RTI act is overruling the Official secreat act, 1943, Why CR's still should be hidden, if any of the superior is of openion that his subordinate is lagging some where, he got the authority to improve him by way of some acts. He also had the powers to take disciplinary action against the employee.

When all such powers are laying with superiors (In govt. sector), why he or any body should use the CR's for reporting -ve points of his subordinates.

In fact this provision (i.e. CR's) is giving a chance to corrupt practices, adopting corrupt and unlawful practices suggested by super their superiors.

Hence i suggest and strrongly in favour of disclosing CR's under RTI Act, 2005.

ra katkam.

[meteor]

Originally Posted by rakatkam

Hello dear friends,

Hence i suggest and strrongly in favour of disclosing CR's under RTI Act, 2005.

ra katkam.

I agree with you.

[r.r.makwana]

Hello friends,

The CRs are not always written in good faith. The personal evaluation / views / opinion / prejudices comes in a way to write a CRs.

If superior, (if his demand was not satisfied) , may write adversely. If the same is made public, it would harm the character of one, and ruined the career.

Under the circumstances let it be confidential. Not disclosed to third party.

[wagh7]

yes, ACR's should be disclosed. The entire system of ACR's is to be abolished.

[murgie]

My 2 cents' worth: many universities I know have a multi-step faculty evaluation process (at dept, college and university level), with varying degrees of transparency in promotion and tenure. But a common requirement is that at least in case of an ADVERSE recommendation against a faculty candidate at any level, the candidate (and sometimes, even the prior evaluation levels) MUST be informed and given an opportunity to respond, so that when the process goes further, the adverse recommendation is accompanied by the response if any, of the candidate and anyone else.

I don't think the process works perfectly all the time -- no process with human beings in a competitive environment can be insulated from various pressures. But there must be something to be said for this type of process, that has made at least a large number of universities adopt it. Maybe it will also be useful in the context of ACRs. It may reduce subsequent grievances. Best,

Murgie

[r.r.makwana]

It is practice in the Government department, that CRs are not even been disclosed to person whose CRs are been written.

So, first major change require that the copy of the comments be communicated to the person , whose CR been written.

So first the person whose CR, written be informed about his status, evaluation.

And as there is personal influence are there, and most of the bureaucracy , depends on the CRs for career, it is batter to remove CR system.

[murgie]

There are many intermediate positions possible between making ACRs completely public (i.e. available to absolutely ANYone) and completely secret (even the candidate is uninformed). Natural justice requires that at least the
candidate be informed and given an opportunity to respond.

Whether it should also be made available to a wider audience is debatable. A candidate could be given the choice of making his own ACR public. Some public good could also result if some systematic data can be gathered from ACRs while yet preserving privacy. For e.g. when doctors in the US bill their patients they have to fill out a form which includes say, the illness he came in for, and that portion (not the identity of the patient) is passed onto some central information system that feeds the Center for Disease Control, so it serves a need to maintain public health. In a similar way redacted ACRs may help create data for a useful database to study research questions dealing with administration. Best,

Murgie