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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. #153
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Attached is a judgement of the Punjab & Haryana High Court also allowing disclosure of ACR's.

    The Punjab SIC had ordered the disclosure of ACR's.
    Punjab Government filed a WP in the High Court, opposing this order.
    The High Court allowed disclosure.

    The full judgement is attached.


    Attached Files Attached Files

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


    I must thank karira ji for the useful input in regard to ACRs. It is high time a copy of the ACR are provided to the assessee. I wonder why the CIC has still maintained that ACR is a confidential document exempted from disclosure while holding that evaluated answer books should be shown to the applicant not only his own but of other candidates also.

  3. #155
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Quote Originally Posted by smnislam View Post
    I must thank karira ji for the useful input in regard to ACRs. It is high time a copy of the ACR are provided to the assessee. I wonder why the CIC has still maintained that ACR is a confidential document exempted from disclosure while holding that evaluated answer books should be shown to the applicant not only his own but of other candidates also.
    smnislam,

    In fact, in one recent order of the CIC (I think it was by Hon'ble IC A N Tiwari), the IC disallowed the disclosure of ACR, even though the second appeal hearing was AFTER the Supreme Court judgement attached to one of the posts above.

    What else are they waiting for ?

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



    They must be waitng for babudom to take a view

  5. #157
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    I think some friends still have some misconceptions about the word "confidential".
    My suggestion is that they may please refer to the different provisions of Official Secret Act and RTI Act-2005 togethet with available judgements of Apex Court on the matter.

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


    I would be grateful if Mr n k agarwal could through some more light on the subject so as to remove the misconceptions.

  7. #159
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    Name:
    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    In any ACR grading and entries/remarks are two different things.ffice

    The grading must flow from the different entries/remarks made by the reporting officer against the attributes/parameters in the ACR.The DOPT circular says that average grading need not be communicated what to speak of good grading. Now if bench mark is Good /Very Good then certainly average is adverse but is not communicated.Unscrupulous reporting officers inflict damage by gadding officers average or good when they know the bench mark is Very Good. It is like placing a time bomb which explodes years after when the employee is being considered for promotion.Thus it is imperative that the ACRs (own) need to be disclosed to employees who wish to see them. This would provide them an opportunity to make a representation to the competent authority particularly when they were not given such an opportunity earlier and such camouflaged acts affects their bonafide career progression.

    Also remember writing of ACR is year ending exercise and without any corrective measures during the year by the supervisors writing clandestinely degraded/downgraded ACRs cannot be defended by them and for this reason disclosure is essential.

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


    Thanks to Mr. agarwal. I am in total agreement with your views. in fact you have quoted the relevant instructions correctly. I had, earlier opined that copy of the ACR should be handed over to the concened person. i may add that it is not a year end exercise only .it requires at least two evaluations during the yesr as it is an exercise for development of the employee



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