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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. #185
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    Name:
    Ravindrakumar Maheshwari
    Rep Power
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Agarwal Sir, ACR is liable for rejection under Section 8 (e) or (j), as it appears to me. ACR has five parts (i) Personal Data, (ii) Self-appraisal (iii) Assessment by Reporting Officer, (iv) Reviewing Officer’s remarks; and (v) Accepting Authority’s remarks. In the personal data, name, designation, leave, etc. are given. An officer gives details of works done by him in Self-appraisal. Reporting Officer assesses the performance and makes entries accordingly. The Reviewing and Accepting Authorities have little role to play. Sir, all events are related to official activities of an officer and assessment by superiors. Preamble to the Act envisages to promote the transparency.



  2. #186
    Posts
    507
    Name:
    NK Agarwal
    Blog Entries
    21
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    15

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


    Most information pertains to official activity and contain some or the other personal info within it. With the same analogy no info could be provided by invoking provisions of section 8.
    Here the question is not what are the contents of ACR or how many officers have handled it or added coments/entries etc. it is the classification of it as "confidential" so " not disclosable" like any other confidential document.
    I think, what is more important than debating on confidentiality clause, post Apex court decision, whether Govt. of India has circulated any orders for the implementation of it.
    I have seen some instances where post Apex court orders Govt. of India has issued circulars for its implementation.

  3. #187
    Posts
    507
    Name:
    NK Agarwal
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    15

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


    Disclosure of any info by a public authority can open a can of worms by exposing corrupt practices.
    Should a public authority deny such info by invoking provisions of section 8 because the info has a potential for being used against "some public authority in service or not.
    The dimensions of RTI Act-2005 are evolving for the purpose it has been created - democratisation in our governance.
    Satipratha, What once was a practice with public sanction had to be abondoned with evolution of better social order likewise many bad governance practices would be stopped by implementing RTI Act-2205.

  4. #188
    Posts
    98
    Name:
    Ravindrakumar Maheshwari
    Rep Power
    9

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



    Agarwal Sir, I disagree with you for the reasons that mere classification of a document as ‘confidential’ does not mean it is exempted from disclosure. Hitherto, no access was given to employees, but following apex court’s decision, it will be open to them. Let us hope to see disclosure of ACRs under RTI also. To the best of my knowledge, the Govt. has not yet issued any Circular. Upon SC judgment, the Administrative Ministry might be formulating the guidelines on disclosure of ACRs to employees; and I think the Law Ministry will also be consulted before issuing any circular.

  5. #189
    Posts
    507
    Name:
    NK Agarwal
    Blog Entries
    21
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    15

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


    Disagreement is the cause of variation in decisions of CIC, SIC and various courts on the matter pertaining to disclosure of confidentail documents inclusive of ACRs and DPC procedings etc.
    Since, as individuals we do not sit over judgments, our agrement or disagrement is of no consequence.
    My perception is RTI ACt-2005 overrides Official Secret Act and the exemption provisions under section 8 protects disclosure of info under specific conditions only irrespective of the info bbeing confidential or open.
    ACR being classified as confidential (covered under the OSA) cannot be prorected from disclosure under RTI Act-2005.
    If one ask the disclosure of ACR outside RTI Act, may be the custodian would invoke OSA and refuse disclosure.
    RTI Act-2005 has not made the OSA redundant, my perception is that Under RTI Act-2005 the OSA becomes very limited and section 8 becomes prominent.
    Perhaps, the variations in pleadings before the Hon'ble courts as well before the CIC and SIC result in diverse judgments and decisions.
    It is time the necessary circulars for admn actions are brought out by the nodal agency so that unnecessary litigation on the subject is avoided.

  6. #190
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    1,388
    Name:
    M. Faiyazuddin
    Blog Entries
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    24

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


    When everything is transparent, why not ACR?

  7. #191
    Posts
    507
    Name:
    NK Agarwal
    Blog Entries
    21
    Rep Power
    15

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


    Yes, My understanding is same - The sprit of RTI Act-2005 is to bring accountability and transparency in our Governance.
    ACR cannot be an exception.

  8. #192
    Posts
    31
    Name:
    T.T.Tara
    Blog Entries
    3
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    10

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


    I believe that ACR of any govt. employees should not be made public for security reasons. This is because ACR contains details informations about the employee including their permanent residential address. Any one can reach to the permanent residence of any govt. employee if his or her actions in one way affects the interest of any citizens, especially the criminals may cause serious damages to the lives and property of the govt. employees. However, it should be made mandatory for the reporting, reviewing and accepting officers of ACRs to provide a copy of same if he/she writes an application seeking for it so that he/she can know about her permances.
    TTTara
    Itanagae



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