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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. #169
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    I think the discussions under the subject has deviated quite a lot.
    To recapitulate main issues following points are to be noted:
    (1)ACRs have to be written under a set of rules.
    (2)ACRs are written with an objective.
    (3)ACRs have to be written objectively and dispassionately.
    (4)ACRs are written at the end of the year.
    (5)Adverse remarks/entries need to be communicated to the concerned official to provide him an opportunity to make a representation, if he or she chooses to make one.
    (6)ACRs are not fault finding mechanism, etc.
    (7) ACRs are not meant to be a penalising instrument.
    (7)The need to see own ACRs arises when the ACRs are written malafidely or is written to settle a score by a superior authority, in such cases invariably the ACRs affect the career progression of the concerned official. The concerned official comes to know about the damage much latter.



  2. #170

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


    ACR, though it is named "confidential" it has no confidential nature. The rule says that if any adverse remarks are to be filed it should be brought to the notice of the incumbent.So there is no harm in giving the copy of the otherway report. How ever I feel that the system of ACR to be modifed. Vijayarajan

  3. #171
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Please see a related news report here:

    https://www.rtiindia.org/forum/9777-c...-acr-info.html

  4. #172
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    Sivagurunathan
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    Sir, as stated by Shri. Kushal, there is a provision to communicate the adverse remarks against the officer concerned for explanation to consider the same in the Promotion Committee. In case of adverse remarks, promotion can not be denied with out getting an explanation. Moreover, only the officials/employees will try to get the information under RTI and public i.e. outside people will not give much importance. Therefore, I hereby, cast my vote for "Yes ".

  5. #173
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    you are right Sivak64.
    While using RTI Act 2005, one should be very clear the purpose of the info. Also it would be of great help if one is aware of the rules related to the info sought or info denied.
    Regarding ACR's it is advisable to know what is meant by confidential and what are the different provisions about it as per law and rules. Similarly the Officail secret act should be known before framing query under RTI Act-2005.
    The provisions of RTI ACt 2005 overrides Official Secret Act save the exemption clauses. Many judgments of Apex court as well as High courts exists which have addressed these issues.
    The departments decline to part with info when the ACRs are not written as per rules.
    Many cases exists where ACRs have been written by unauthorised officers, remarks/entries are placed in ACR clandestinely which affect the officer adversely at the time of promotion. It is the aggrieved officer who would like to have copies of his/her ACRs.

  6. #174
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    Ravindrakumar Maheshwari
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    ACR is a document containing details of official activities of a Public Servant, which are not at all personal in nature; besides, it is mandatory to supply adverse remarks to an Officer so as to enable him to improve upon, and if he desires, to prefer an appeal against such adverse entries. Thus, supply of an ACR to any requester or the Officer himself is not likely to offend the sense of dignity of the latter inasmuch as he even otherwise receives details of adverse entries. It is true that OSA, 1923 is not superseded by RTI, 2005, but it is also a fact that Section 8 or 9 does not exempt an ACR from disclosure and that too RTI Act also does not unequivocally provide that OSA is not superseded by RTI to the extent it relates to disclosure of ACR. The executive directions issued by the DOPT are also dubious in nature, taking shelter of which, a PIO can act according to his own will and wish. Besides, such directives in other words ask for the reasons from a requester, which the Act does not at all asks for. Thus, such and similar kind of executive directives take away sanctity of the Act enacted by the Parliament; and hence, issuance of such impeding executive directions should be discouraged. The ACR should be disclosed under RTI.

  7. #175
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    My understanding is :
    (1) all information about official activities on which public money and time is spent forms part of " information" under the RTI Act-2005 and can be supplied save under section 8.
    (2) RTI Act-2005 overrides the Official Secret Act.
    (3) Executive orders cannot bypass or override statuory law and its provisions.
    Recent judgment of Hon'ble Apex Court on disclosure of ACRs upholds the above and the extension of democratisation process (transparency and accountability) that is very well said in the preamble of RTI ACt-2005.

  8. #176
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    Name:
    Ravindrakumar Maheshwari
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Agarwal sir, could you please upload the apex court judgment on disclosure of ACR. This would be useful for our community since most of the PIOs rely on the DOPT directives to disallow disclosure of the ACR.



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