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