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

[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.