Topic Identifier

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

Page 27 of 58 FirstFirst ... 2223242526272829303132 ... LastLast
Results 209 to 216 of 458

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

  1. #209

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


    Even if the contents of ACR's are made public,as per my personal experience,not much can be done.As one has to file the representation to the next higher authority.And latter on one will come to know that both the writer and reviewr were dancing to the same tunes.And see theres not much difference between "very good" and "good" for the rest of the world but to "we the people" it matters the most.And to reach from "good" to "very good" you again have to trust the executive who are already dancing to the monotonous tune.
    Judiciary never interferes with the workings of the Executive and ACR is the sole responsibilty of the executive.



  2. #210
    Posts
    507
    Name:
    NK Agarwal
    Blog Entries
    21
    Rep Power
    15

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


    Representation to adverse remarks/entries lie only if adverse communication is received and not if it is made available to a person under RTI ACt-2005.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
    Unscrupulous officers make entries in ACR that affect adversely and the same remain un-communicated. <o:p></o:p>
    After receiving the ACR copy under RTI Act-2005, the affected person can take up the matter at appropriate forum, if required and for good reasons.<o:p></o:p>
    The Courts do not interfere with the assessment made in the ACRs but the Courts do see if the rules have been followed and due process taken care of.

  3. #211

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


    Whereas the disclosures of Annual Confidential Reports are not made yet. but the Hn,ble Supreme court has ruled in its vedict in the CIVIL APPEAL NO. 7631 OF 2002 Dev Dutt -vs-<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-comffice:smarttags" /><st1lace w:st="on">Union</st1lace> of India & Ors. on 12/05/208 that the rating awarded must be communicated and their should be system of appeal which should be disposed of fairly. Full copy of judgement is attached
    Attached Files Attached Files

  4. #212
    Posts
    44,499
    Name:
    C J Karira
    Blog Entries
    9
    Rep Power
    552

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



    In a recent Full Bench order, the CIC has still not allowed disclosure of ACR's.
    It seems that the CIC wants each individual to approach the Hon'ble Apex Court and get his/her own ACR disclosed !
    It says that the decision of the Apex Court is to be implemented by each Public Authority and in case any one is aggrieved by the decision of the PA, he/she should approach the Apex Court !!

    Please see:

    https://www.rtiindia.org/forum/14263-...html#post44368

  5. #213

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


    Simple case of ego clash.Its better to quote the Apex courts ruling in subject while asking for the details of ACR in the application itself.Maybe it will works as a threat.
    CIC is ignoring that particular ruling but most of the PIO's wont.

  6. #214
    Posts
    44,499
    Name:
    C J Karira
    Blog Entries
    9
    Rep Power
    552

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


    Quote Originally Posted by harriers_mi27 View Post
    CIC is ignoring that particular ruling but most of the PIO's wont.
    Main question is "Can CIC ignore the Supreme Court order ?"

  7. #215
    Posts
    507
    Name:
    NK Agarwal
    Blog Entries
    21
    Rep Power
    15

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


    Dear Mr. Rajiv (Harriers mi27),
    I appreciate your response.
    An ACR does not contain grading only but many other attributes which are important for career advancement.
    Judicial review is possible if the process of writing of ACR is flawed or tampered.
    An employee cannot know it unless he/she has access to it hence, disclosure of ACR to himself/herself is essential. The Hon’ble Apex decision in Dev Dutt vs. U.O.I and ors highlights this need.
    Further, if the grading does not flow from the entries/remarks given in each attribute of the ACR, there is all likelihood that the grading of ACR could get diluted by the DPC during making “own assessment".

  8. #216
    Posts
    44,499
    Name:
    C J Karira
    Blog Entries
    9
    Rep Power
    552

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


    As reported in samaylive.com on 23 February 2009:
    CPWD engineer gets access to ACR through RTI route :: SamayLive

    CPWD engineer gets access to ACR through RTI route

    New Delhi, Feb 23 : In a departure from its earlier stand, a full bench of the CIC has permitted disclosure of entries in the Annual Confidential Reports (ACRs) of a government employee who used RTI as a tool to access information denied to him officially.

    The CIC order, on the plea of a CPWD official, directed the authorities "to communicate the entries in the ACRs to the appellant for the period asked for by him in his RTI application with in a period of 10 days from the date of the receipt of this decision." The decision is in contrast to CIC's earlier stand, where it considered the ACRs to be confidential documents whose disclosures may seriously harm interpersonal relationship in a given organisation, is based on Supreme Court judgements which allowed the ACRs to be disclosed.

    In the Maneka Gandhi Vs Union of India, apex court has held "all entries...In the ACR whether in civil, judicial, police or any other State service except military must be communicated" to an employee which would be "conducive to fairness and transparency in public administration." In another decision, "Dev Dutt Vs Union of India and others" Supreme Court also allowed the disclosure of ACRs.

    The CIC, hearing the plea of CPWD engineer P K Sarin, held "the disclosure of ACRs to the concerned employee cannot, therefore, be denied in light of decision/direction of...Apex Court."



About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook Apple App Store Google Play for Android