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

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

  1. #121
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    wagh7,

    The decision has not been uploaded on the judis website. Please check here after a few days:

    The Judgment Information System

    Here is a more detailed news report about the same subject:

    As reported by Dhananjay Mahapatra of TNN in The Times of India, Hyderabad Edition on 13 May 2008:
    Welcome

    Staffers should know every ACR entry: SC

    New Delhi: In a landmark judgment, the Supreme Court on Monday ushered in transparency in the annual performance evaluation of employees by ordering that every annual confidential report (ACR) entry made against the government servant be mandatorily communicated to him so as to enable him to appeal against it.

    At present, only adverse entries were being communicated to the employees to provide him with an opportunity to represent against the poor evaluation of his performance.

    A Bench comprising Justices H K Sema and Markandey Katju said the employees should be told about even “good” ACR entries so that he could represent the superiors on the ground that he deserved either an “outstanding” or “very good”.

    Writing the judgment for the Bench, Justice Katju said, “If we hold that only ‘poor’ entry is to be communicated, the consequence may be that persons getting ‘fair’, ‘average’. ‘good’ or ‘very good’ entries will not be able to represent for its upgradation, and this may subsequently adversely affect their chances of promotion (or get some other benefit).” The sweep of this order would be applicable to all sectors of government employment, including judiciary, the Bench said.

    “In our opinion, every entry (and not merely a poor or adverse entry) relating to an employee under the state or an instrumentality of the state whether in civil, judicial, police or other services (except military) must be communicated to him, within reasonable period,” Justice Katju said.

    Giving relief to Dev Dutt of Border Roads Engineering Services, the Bench said non-communication of an entry was arbitrary and added that the employee should also be informed about an “outstanding” ACR entry.

    Faulting the government for not telling Dutt of ‘good’ ACR entry, the Bench said, “Our natural sense of what is right and wrong tells us that it was wrong on the part of the respondent in not communicating the ‘good’ entry to the appellant since he was thereby deprived of the right to make a representation against it, which if allowed would have entitled him to be considered for promotion to the post of superintending engineer.”


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  2. #122
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    That is a welcome judgment. Hope the Govt issues follow up orders quickly.

  3. #123
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Lets see true effects of this judgement on RTI Applications and piling of backlog with PIOs, AAs SICs and CIC , one year hence.

  4. #124
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    The Supreme Court decision on ACR's is attached.
    Attached Files Attached Files

  5. #125
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    The judgment of the Supreme Court of India delivered on 13 May 2008 in the caseDev Dutt versus Union of India regarding disclosure of the annual confidential report to the Government employees is not only a landmark judgement but has also a far reaching affect in breaking the stumbling block inherited by us in legacy from the British bosses.I personally feel that this judgment was motivated by the decisions of several state information commissions who on many occasion decided in favour of the disclosure of the ACR to the employees. The Supreme Court of India was having hesitation for about 60 years since our freedom and was unable to break the ice.In fact its judges perhaps were playing safe.I have a feeling that as judgments from the state information commissions namely Punjab, Gujarat and Goa etc. had decided many cases in favour of disclosure of the ACR, the supreme court of India found that if they do not rise to the occasion, then the entire show will be credited in the name of the state information commissions. It would have been a matter of embarrassment for the apex court and hence it delivered the judgment which was the requirement of the government servants to assess themselves. We should think as to what prompted the Supreme Court of India to deliver such judgment after a lapse of 60 years since our independence? Why not these type of issues were settled by the Supreme Court much earlier? In fact the Supreme Court of India which never wanted to risk itself by delivering such a judgement could not bear any more and wanted to remain supreme by defusing the applause earned by the state information commissions. We must be thankful to the right to information act for ushering us in the new era of transparency which will automatically kill the act of favouritism of the employers to a large section of the government employees. Especially in West Bengal which has become a China in the matter of transparency, this judgment will open a new chapter and will freed a large number of employees from the clutch of politically motivated and interested forces in the bureaucratic echolance who inflict harm upon the poor employees not falling in line with them either politically or for corrupt reasons. Hats off to RTI act! Hats off to its activists! Hats off to Dr.Pathak for providing such a nice platform for the citizens. We have long way to go on many more similar issues. Let's unite and work for a cleaner India free from favour fear and corruption.adil

  6. #126
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    That's great. The judgemnt will definitely set at rest the controversy to a great extent. But it seems that this judgement will pave way only for communicating the final assessment and the authorities would not like to provide a copy of the ACR

  7. #127
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Karira Sir, I could not open or save the attached SC judgement. How can I ? Message shows you are not log in/You are no permitted to access this page.
    Fight for the Right.

  8. #128
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Quote Originally Posted by The Great View Post
    Karira Sir, I could not open or save the attached SC judgement. How can I ? Message shows you are not log in/You are no permitted to access this page.
    You need to be logged in to download any attachment from rtiindia.org

    After logging in, please hold your mouse over the attachment, right click, scroll down to "save link as..." and save the link on your computer.
    Then open it with MS Word.

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