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

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  1. #145
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    (1)RTI Act-2005 overrides the Official Secret Act, hence inspite of ACR remaining as a confidential document can be accessed by the concerned person.
    (2) The confidentiality of a document is defined as:
    (a) document disclosure of which can affect relations with neighbouring countries.
    (b) document disclosure of which has defence or strategic implications etc.
    An ACR does not fall in either (a) or (b), further an ACR is a developmental tool and is to be written objectively and dispassionately by the reporting, reviewing and accepting officers. More often than not ACR's are used to settle personal scores and thus biased reporting affects ones career progression. Disclosure of ACR is a welcome step and would expose the abuse of this instrument.
    nk agarwal


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  2. #146
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    Ashok Ku. Mishra
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Nk Agrawal ji, will you please guide me from where I could find the definition of confidientility of a Document , as described by you.
    Fight for the Right.

  3. #147
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Pl refer to the Official Secret Act as well as RTI Act-2005 and also following book:
    Bhanot, V.S. (2004) Law of Confidential Reports, Universal Law Publishing Co. Pvt. Ltd., New Delhi. I found this book to be very informative and usefull to those who have grievances related to ACRs and promotions.
    nk agarwal
    Last edited by ganpat1956; 03-09-08 at 10:28 PM.

  4. #148
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    NANDAKUMAR
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    The debate here is quite healthy. As far as disclosing the contents of ACR to the individual concerned, some opinions have been expressed hereinabove. But, I hope,
    it is already to the knowledge of the members that the Supreme Court has recently
    pronounced a landmark judgment, in which, it has ruled that whether 'good' or 'bad'
    the contents of ACR should be communicated to the individual concerned. Therefore,
    it is clear that communicating to the individual concerned would not affect the
    provisions of Official Secret Act. But, as far as disclosing the contents to others, the contents of ACR of a particular individual, naturally the question of whether it would
    amount to invasion into private domain of a person ? How far the contents are going to have a 'public impact' is anybody's guess.
    It is also a pertinent question here - as - whether there are any COMMON parameters available for writing the ACRs. It is highly subjective in nature and content. The Assessment of 'A" about 'B' need not necessarily tally with the assessment of 'C'. Whether at all it is possible to bring about common parameters ? Whether output benchmarks can alone be enough to fill the contents of an ACR?

    In any case, it is my opinion that the contents of ACR needs to be communicated to the individual concerned whereas, there is no need for its communication to others.

  5. #149

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


    People will be interested in knowing about the contents of ACRs of others mainly in those cases where an undeserving person is given outstanding grading. This is normally done with ulterior motives. In such cases disclosing such info will reduce such cases of favouritism.

  6. #150
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    As reported in The Times of India, Hyderabad Edition on 01 October 2008:
    Article Window

    HC directs govt to submit ACRs within a week

    Hyderabad: A division bench of the High Court on Tuesday dismissed a writ appeal filed by the state government and ordered it to furnish annual confidential reports (ACRs) of a special deputy collector- K V Ramana to him within seven days.

    The division bench comprising Justice B Prakasa Rao and Justice R Kantha Rao, while confirming an earlier order delivered by Justice N V Ramana, directed the state government to furnish the bureaucrat the copies of ACRs right from the year 1995 to 2007.

    The bench brushed aside all the objections raised by the state government and agreed with the petitioner’s counsel M Ravindranath Reddy who brought to its notice a latest judgment delivered by the supreme court which directed the authorities to furnish the copies of ACRs to all those employees to whom they belong.

    All such decisions of the apex court should be communicated to all the departments by the GAD (services) department in the form of a circular with a note to follow them strictly, the counsel said.

    Refuting the contention of the state government that it would communicate only the adverse remarks recorded in the ACR to the employee, the counsel highlighted a portion of the apex court order where it clearly said that even remarks like ‘good’ and ‘very good’ could be adverse when they are compared to remarks like ‘outstanding.

    Hence the apex court ruled that everything should be communicated to the individual employees to enable them to appeal against the recorded remarks or to fight for their upgradation, the counsel said.

  7. #151
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Excellent.

    I have noticed impatience in some of the postings in this forum regarding the subject of ACR etc.These judgments are the pathways of progress - a lead for better civilisation process, indeed a part of ongoing "evolution". It is evolution more of the mind than the physical attributes of man.With time perceptions change, requirements of society change and so on. RTI Act-2005 is a milestone after 1950 – The year of our Constitution. It is not a question who was wrong and who has been proved right.I am hopeful the ongoing process of judicial intervention for correction of such aberrations would continue for good and would impact our mindset. May be one day the Hon’ble Courts would start asking for compliance reports of such decisions and would take cognizance of defiance instead of aggrieved person shuttling for contempt proceedings etc.
    Last edited by nk agarwal; 03-10-08 at 09:00 AM.

  8. #152

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


    Hope the State and Central Governments issue necessary orders for uniform adoption of the directions of the Supreme Court so that individual employees are not forced to approach the judiciary for the same relief.

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