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


    Quote Originally Posted by adil85 View Post
    Now the discussion on the issue related to ACR disclosure should come to an end and the tag should be closed after the judgement of the Apex Court delivered on 13.5.2008 in the case Dev Dutt Vs Union of India and others.adil
    The judgement of the Hon'ble Supreme Court provides only for communicating the final assessment and not the copy of the ACRs. The Information Commissions are not in favour of providing the copies of the ACRs. Only the Tripura Information Commission, Goa Information Commission and Punjab Information Commission have delivered decisions in favour of providing the copies of the ACRs that too only to the concerned employee and not to others. The Goa Information Commission has only agreed that the concerned employee can inspect the ACRs and the copies cannot be provided to him. Although he can note down the contents and take digital photographs of the same.
    Many Information Commissions including the Central Information Commission and Himachal Pradesh Information Commission have not agreed to provide the copies of the ACRs yet. Therefore, at present only the partial battle has been won and there are miles to go before this very important tag is closed.



  2. #138
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    I think
    Information on ACRs and connected matter of promotion procedure (selection or non-selection ) need to be understood under the RTI Act-2005 which over rides the Official secret.
    If this is the case, members holding contrary views may analyse the situation pre and post RTI Act 2005.
    thnks

  3. #139

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


    Quote Originally Posted by vashisthvivek View Post
    The judgement of the Hon'ble Supreme Court provides only for communicating the final assessment and not the copy of the ACRs. The Information Commissions are not in favour of providing the copies of the ACRs. Only the Tripura Information Commission, Goa Information Commission and Punjab Information Commission have delivered decisions in favour of providing the copies of the ACRs that too only to the concerned employee and not to others. The Goa Information Commission has only agreed that the concerned employee can inspect the ACRs and the copies cannot be provided to him. Although he can note down the contents and take digital photographs of the same.
    Many Information Commissions including the Central Information Commission and Himachal Pradesh Information Commission have not agreed to provide the copies of the ACRs yet. Therefore, at present only the partial battle has been won and there are miles to go before this very important tag is closed.
    Thank You Vashisthvivek, I think this topic will have no Climax.
    Fight for the Right.

  4. #140

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



    The name of Annual Cofidential Report has to be changed as it will not be confidential any more.
    Both are problamatic
    1. If it is not confidential then the official may not be able to give the correct opinion about the official due to embrassement.
    2. If it is kept confidential then there chances of giving biased report.
    Both has got its own merit and demerits.

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


    This is for the information of all the members of this forum that the Himachal Pradesh State Information Commission has allowed the diclosure of the ACRs after reversing its earlier decision. I had applied under the RTI Act for my ACRs last year, but the PIO rejected my application. The first appeal was also turned down by the Appellate Authority. But I was successful in the second appeal. Although, the Commission allowed my appeal, but the grounds raised by me in the appeal and during the the number of hearings were not addressed in the order of the Commission. I am enclosing the copies of the orders passed by the Commission, copy of the appeal and the copy of the application placing on record the additional points in support of appeal for the kind perusal of all the esteemed members of this forum.
    Attached Files Attached Files

  6. #142
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    vashisthvivek,

    Congratulations !
    That is a very good application, first appeal, second appeal and additional second appeal.
    Can you please upload these in the Directory segment of the portal for ready reference.
    Please also upload the order of the HPSIC.

  7. #143
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    I have info that even Gujrat State Information Commission allowed copies of ACR's in one of its judgment to the applicant.
    ACR's of others are protected under exclusion clause of RTI Act-2005.
    There should be no reasons for others to have access to ACRs of others.
    thnks

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


    I am in agreement . slowly but surely the govt will amend its rules so that a copy of the ACR is compulsorily provided to the concerned officials irrespective of the fact it has a grading of outstanding or below average.
    Incidently, the ministry of railways have issued instructions to publish the assesment of candidates done by the DPC in regard to selection posts filled up by promotion.



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