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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. #177
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Mr Ravi,
    The Hon'ble Apex Court judgement is already available in this forum.
    Pl.also browse through some of the responses on the subject wherein links are given showing decisions of many of the SIC as well allowing disclosure of ACRs.



  2. #178
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Mr Ravi,
    pl. go through the response of Mr. Karira dtd. 6.10.2008, it gives a link for decisions of Punjab & Haraya High Court.

  3. #179
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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, there is no absolute exemption on disclosure of ACR, according to DOPT directives. I need your expert opinion on “in what way it would be harmful if my ACR is disclosed to any other person”. In my opinion, it would not be harmful in any way. For example, if a person to whom my ACR is disclosed happens to be my competitor for promotion, there is no rule/scheme whereby DPC is bound to consider any representation from any corner including such other person. I am also of the opinion that the Section of the OSA treating ACR as confidential document should be amended to the extent that an ACR would be treated as “confidential” till such time it is finalized in all respects, means once it is signed by the last authority (Accepting Authority), ACR should not be treated as a confidential document. But in case, adverse entries/remarks are communicated to reportee, an ACR should be treated as confidential documents till such time a final decision is arrived at on the adverse entries/remarks. The amendment to OSA would eliminate difference of opinion at all levels including judiciary leading to unnecessary confrontations. Well, you can throw more lights on the subject.

  4. #180
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    Ravi,

    The SC judgement is attached to this post:

    https://www.rtiindia.org/forum/118-di...html#post14230

    Please also go through this complete thread with special attention to the dates of the posts since it is a very old thread.

    This is the most viewed and most replied to thread on the whole forum.

  5. #181
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    Name:
    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Mr. Ravi,
    I am no a legal expert on the subject, I am only sharing my perceptions and the views/decisions of various courts (which have come to my knowledge) regarding disclosure of ACR.
    <O:pVarious services i.e. central and state inclusive of uniformed services (Defence & Police) either have their own rules & regulations regarding ACR or follow the ones issued by DOPT. This includes matters of ACRs, procedure of DPC etc. In some cases UPSC is involved or associated with the recruitment and/or DPC. While seeking info under RTI ACt-2005 one has to understand (1) what comprises information? (2) How to ask for the required info.<O:p
    To deny info to applicants PIOs, Appellate authorities sometimes take shelter under section 8 of the act to deny and or delay supply of "uncomfortable” information. It is here one has to know the meaning of confidentiality clause etc. so that at the appeal stage one may defend his or her application under RTI ACt-2005 so that the sought info can be obtained. Remember the office of PIO defends the denial by utilising services of legal experts at public costs and the applicant cannot have matching resources.
    <O:pLike any rule and law exemption clause cannot be used with a blind eye, its applicability may vary on case to case basis and this would hold true for disclosure of ACRs of self or others. <O:p

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


    Why a State / Central Goverment officers / officilas should worry that his ACR should not be published? Honest PUBLIC OFFICeR SHOULD NOT Be AFFRAID IF HIS CR IS MADe PUBLIC.

  7. #183
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    Name:
    Ravindrakumar Maheshwari
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Karira Sir & Agarwal Sir, Thanks a lot. There have been number of arguments before judiciary on matters related to ACR. Now finally, SC has laid down a rule that an employee has a right to see his ACR, except employees of military, primarily to prevent breach of Art 14. A landmark judgment; I hope no further appeal is preferred by UOI against this judgment. To some extent, it amends OSA in so far as confidentiality of an ACR is concerned. It, however, does not make it public under RTI; and thus, the executive orders disallowing access to ACR still prevails. I agree with Dr. Goel. ACR should be disclosed under RTI. Let it remains open for discussions.

  8. #184
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    Name:
    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    I think RTI Act-2005 makes it very clear what info should be made available or placed in public domain by respective departments and offices that utilise or are funded by public money.
    What we are debating here is whether under RTI Act-2005 an applicant can obtain ACR of self or others.
    What constitutes an ACR is very well defined and what constitutes an information is very well defined in RTI ACt-2005 and there should not be any confusion on this.
    Outside RTI Act-2005 an ACR of a person could be left under lid ( but not now after the recent Hon'ble Apex Court decison), but asking the same under RTI Act-2005 is a different matter.
    An RTI Act-2005 user has to understand this fine and important distinction and at the same time should understand the "process" of information.



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