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

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    Ashok Ku. Mishra
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Thank you Karira Sir for this useful information from Goa SiC.


    › Find content similar to: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Fight for the Right.

  2. #114
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    The decision of the Goa Information Commission with regard to the disclosure of the ACRs is attached below.
    Attached Images Attached Images

  3. #115
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Vashishtvivek,

    Many thanks for uploading the order of Goa SIC.
    How did you download it ?
    I am not able to open any decision on the Goa SIC website for last one week.
    It keeps giving a 404 error message.
    Twitter: @cjkarira

  4. #116
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    I suggest we close this thread,it has been discussed threadbare -nay beaten to death.Judgement is already out to disclose it to the concerned person in public interest?

  5. #117
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Quote Originally Posted by opsharma View Post
    I suggest we close this thread,it has been discussed threadbare -nay beaten to death.Judgement is already out to disclose it to the concerned person in public interest?
    This is a very useful thread and I think the discussion has not come to an end. The Central Information Commission has not allowed the disclosure of the ACRs yet. Only 3 State Information Commissions have decided in favour of the disclosure of the ACRs and that too to the person concerned only. The biasness of the officers writing ACRs cannot be proved till one has the priviledge of obtaining the copies of the ACRs of the colleagues. Many Information Commissions including HP Information Commission has not allowed the disclosure of the ACRs even to the employee concerned.

  6. #118
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    I have filed an appeal with the HP Information Commission for obtaining copies of the ACRs. One of the ground taken amongst many others is that the proviso to Section 8(1) provides that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to a person.
    However, I have no details as to what cannot be denied to the Parliament or a State Legislature. Can anybody help me, as the appeal is listed for 23rd April, 2008?

  7. #119
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    C J Karira
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    Disclosure of all contents in ACRs mandatory: SC


    Bureau report in zeenews.com on 13 May 2008:
    Zee News - Annual Confidential Report,ACR

    Disclosure of all contents in ACRs mandatory: SC


    New Delhi, May 12: In a major boost to Government staff, the Supreme Court on Monday ruled that it was mandatory for the authorities to disclose all contents of the annual confidential report (ACR) to the employee concerned.

    A bench of Justices H K Sema and Markandeya Katju rejected the Centre's argument that it was under an obligation only to disclose the "adverse remarks" against an employee.

    "We do not agree. In our opinion every entry must be communicated to the employee concerned so that he may have an opportunity of making a representation against it if he is aggrieved," the apex court observed in a judgement while upholding the appeal filed by Dev Dutt, who has since retired.

    Significantly, the apex court said that it was developing a "new principles of natural justice" by passing the direction.

    "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 services (except in military), must be communicated to him within a reasonable period," the bench said.

  8. #120
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    It is very good decision and a step ahed in following transparent government. Kariraji, can you post the judgement.

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