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. #225
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    There are three issues involved in your citation of the situation:
    (1) How a junior officer working under you "one" day gets acess to the ACRs simply with change of assignment? The ACRs have assessement at 2-3 levels. Once you have written (as reporting officer) it must have gone to the next level..

    (2) Disclosure of ACRs under RTI ACt-2005 cannot be compared with the situation you have cited.
    (3) The grading like average, good, very good or outstanding has to flow from the entries in the columns of attributes of the officer reported.
    It is said quite often in offices that Grading of "outstanding" given to an officer mostly flows from "good " interpersonal relations between the reportee and the reporting/reviewing and accep[ting officers and rarely by the "very good" capacity and capability of the reportee officer.



  2. #226
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    In a one-off case, IC AD has allowed the provision of certified copy of a individuals ACR as a special case:

    In view of the latest decision of the Full Bench of CIC as mentioned hereinabove and the Supreme Court decision in Dev Dutt vs. Union of India & Ors. [(2008)8 SCC 725] and taking a serious note of the Appellant’s submission that he suspects that his ACR has been tampered with, it is decided that the certified copy of ONLY the ACR as mentioned in the RTI application at point number i) which does not bear the signature of the Appellant as mentioned hereinabove shall be provided to him within 15 days of receipt of this order. With respect to the remaining information in the points ii) to iv) of the RTI request the information as sought by the Appellant pertaining to the ACRs may be duly communicated to him within 15 days of receipt of this order.

    Please read the full order before drawing conclusions.
    Attached Files Attached Files

  3. #227
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Everytime i try to open/download the Attached Files AD-27012009-15.pdf, rtiindia browser opens up asking for user id and pasword. Filling the same still does not open this pdf file.

  4. #228
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    As reported by Rahul Mangaonkar of TNN in timesofindia.indiatimes.com on 07 March 2009:
    CIC allows cop access to assessment grades-Ahmedabad-Cities-The Times of India

    CIC allows cop access to assessment grades

    AHMEDABAD: The Central Information Commission has given a breather to the embattled 1992 batch IPS officer Rajnish Rai in his appeal under the
    Right to Information Act against the Union ministry for home affairs.

    In a marked departure from the positions it had taken in earlier cases, CIC has overruled the MHA stand that Supreme Court decisions on the subject should be considered, and asked it to grant Rai access to the grades entered in his annual confidential reports.

    It also has provided access to Rai to the proceedings of 190th meeting of Central Police Establishment Board held in the Union home secretary's office, which considered his empanelment to the centre as DIG.

    MHA had earlier turned down Rai's request seeking these details under RTI, stating they were confidential and exempt. Rai wanted to know that though eligible, why was he not empanelled.

    CIC held that non-communication of entries in ACRs of a public servant has civil consequences, as it may affect his chances for promotion or other benefits. Holding non-communication would be arbitrary and violative of Article 14 of the Constitution, it set aside MHA's decision.

    SC had held that principles of natural justice, fairness and transparency in public administration requires that all entries (poor, fair, average, good or very good) in a public servant's ACR, must be communicated to him within a reasonable period. This, so that he can make a representation for its upgrade.

    ================

    The CIC order is attached to this post
    Attached Files Attached Files

  5. #229
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    thnks Mr Karaira,
    i could download this pdf file.
    It seems, CIC has started appreciating as to why applicants are asking for disclosure of ACRs.

  6. #230

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


    There are a cpuple of recent orders of CIC directing disclosure of ACR. They are available in the following links:
    cic.gov.in/CIC-Orders/SM-10022009-02.pdf
    cic.gov.in/CIC-Orders/SM-16022009-04.pdf

  7. #231

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


    If any officer writes adverse remarks against any official, the same along with good comments if any written, should be communicated to the official within 30 days of writing of the same and the official has to acknowledge it. Without acknowledging by the official, the adverse remarks noted in the ACR are not valid. If any grievance on the adverse remarks, the official can appeal against the adverse remarks to the appellate authority within 45 days from the date of receipt of adverse remarks to him. The appellate authority may order to expunge the adverse remarks, if he comes to a decision that they are made baseless or he may order to accept the same. It means if any adverse remarks noted in ACR, they will have to be communicated to the concerned official and he is having opportunity to file appeal against them. Then, what is the need to make available the remarks noted in the ACR to the third party. By revealing the one's information to the public, no justice is done to anybody. I opine that the enthusiasm to know about one's confidential report is not genuine.

  8. #232
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Mr. Rao,
    In this forum none has asked to place the ACRs in public domain or to provide to a third party, perhaps you have not understood the issue.
    The issue is what ought to be done and what has been done.
    What is adverse?
    What afects adversely?
    Why remarks have to be eneterd in ACR that can affect adversely and remain uncommunicated etc. etc.?
    I am not taliking of overall grading as overall grading has to flow from the remarks.
    These are all interconnected issues in any ACR.
    thnks
    Last edited by nk agarwal; 08-03-09 at 05:34 AM. Reason: corrections

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