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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. #249
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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 matter related to ACR's, IC Ml Sharma has allowed the disclosure:

    In view of the above discussion, the following decision is recorded:-
    (i) A copy of the Appellant’s ACR for the year 2004-05 may be provided to the Appellant;
    (ii) Copies of the comments of the competent Appellate Authority and the connected comments, including the remarks of Shri A.K. Majumdar, the then DGIT(Inv.), Rajasthan, may be provided to the Appellant;
    (iii) The Appellant may be allowed to carry out inspection of the records relating to her ACR for the year 2004-05.


    The full order is attached to this post.


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  2. #250
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    In a recent order, IC Shailesh Gandhi has allowed the disclosure of his own ACR's to a staff member of IIM Ahmedabad:

    The appellant’s annual confidential report/ evaluation report will be provided to the appellant since there is no valid ground for denying these. If they are not available for some years, the PIO will make a categorical statement about it.

    The full order is attached to this post.
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  3. #251
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    IC ANT has also finally allowed the disclosure of ACR.

    https://cic.gov.in/CIC-Orders/AT-21042009-01.pdf

    “Both sides are present. Consistent with Central Information Commission full bench decision in Shri P.K. Sarin’s case in appeal no. CIC/WB/A/2007/00422 dated 19.2.2009 it is directed that the requested ACR be disclosed to the appellant within 4 weeks of the receipt of this order.”
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  4. #252
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    IC AD has also allowed disclosure of ACR's etc.:

    https://cic.gov.in/CIC-Orders/AD-21042009-05.pdf
    Last edited by karira; 24-04-09 at 11:45 PM.
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  5. #253

    Disclosure of acr under rti act


    dear sir
    is it poosible to know acr (annual confidential
    report marks) after supreme court ruling of may 12, 2008.

  6. #254

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


    DEAR SIR
    SUBJECT: DISCLOSURE OF ACR UNDER RTI ACT 2005: REFER SUPREME COURT RULING CIVIL APPEAL NO. 7631 OF 2002 JUDGEMENT DATED 12 MAY 2008 (DEV DUTT VS. UNION OF INDIA).

    WITH REFERENCE TO THIS RULING OF SUPREME COURT,
    I WANT TO KNOW IS IT NOW POSSIBLE FOR A GOVERNMENT SERVENT TO OBTAIN MARKS/GRADES AWARDED IN THE ANNUAL CONFIDENTIAL REPORT UNDER RTI ACT.

    PLEASE SEE ATTACHED SUPREME COURT JUDGEMENT
    CIVIL APPEAL NO. 7631 OF 2002
    Dev Dutt .. Appellant
    -vs-
    Union of India & Ors. ..Respondents

    IN THIS CASE THE HONOURABLE SUPREME COURT HAS SAID
    AT PARA NO. 39
    " In the present case, we are developing the principles of natural justice
    by holding that fairness and transparency in public administration requires
    that all entries (whether poor, fair, average, good or very good) in the
    Annual Confidential Report of a public servant, whether in civil, judicial,
    police or any other State service (except the military), must be
    communicated to him within a reasonable period so that he can make a
    representation for its upgradation. This in our opinion is the correct legal
    position even though there may be no Rule/G.O. requiring communication
    of the entry, or even if there is a Rule/G.O. prohibiting it, because the
    principle of non-arbitrariness in State action as envisaged by Article 14 of
    the Constitution in our opinion requires such communication. Article 14
    will override all rules or government orders."

    IN PARA NO. 20
    " Thus it is not only when there is a bench mark but in all cases that an
    entry (whether it is poor, fair, average, good or very good) must be
    communicated to a public servant, otherwise there is violation of the
    principle of fairness, which is the soul of natural justice. Even an
    outstanding entry should be communicated since that would boost the
    morale of the employee and make him work harder."


    THANKING YOU,
    TIRLOK NATH

  7. #255

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


    GOVT IS SLOWLY ALBIET RELUCTANTLY BOWING TO THE DEMANDS FOR TRANSPARENCY
    It is really nice step that the government is bowing to the demands for transparency. As RTI Act has been started about two years back and the RTI Activists had been demanding the disclosure of annual Confidential reports in case of public interest outweighing the private interest. To change from Sep 21's Government decision allowing in the public interst the disclosure of annual confidential reports of government officials which were earlier protected from public scrutiny under the official secrets Act (OSA). We are happy that the Circular issued by the Ministry of Personnel and Public grievances seeks to streamline the guidelines for disclosure of ACRS in the face of growing demand of their disclosure under RTI. On the face of it, the memorandum bars the Pubic Information Authority appinted in Govt departments and ministries under the RTI Act to deal with demand for information from disclosing ACRs in ordinary circumstances. It is really great that the ministry issued the memorandum after a through legal vetting by the department of legal affairs in the law ministry.
    WHAT ACR CONTAINS:
    1. An Acr contains information about the character, capability and other attributes of the officials, disclosures of which to any other person would cause unwarranted invasion of privacy.---------As per memorandum barring public disclosure in ordinary circumstances.
    2. An ACR as the name suggests is also a confidential document disclosure of which is protected by the Official Secrets Act--------As per memorandum.
    3. Now the question arise if we consider all the above mentioned factors then the public authority is not under obligation to disclose the ACR of any govenment employee to the employee himself or any other person.
    4. As per the memorandum: The public authority however has a discretion to disclose the ACR if he is satisfied that public interest outweighs the harm to the protected interest.
    5. Now again the lacunae is there. While allowing the disclosure of an official's ACR in public interest, the memorandum however instructs the public authority to take the approval of the superior officer of the person whose ACR is being disclosed.
    6. Ultimately we can not be happy if we consider all the factors then the lacunae is very clear that while barring disclosure of ACRs in ordinary cirumstances, the memorandum makes a meek assertion about the Superiority of The OSA over the RTI Act.
    7. So if we conclude the OSA of 1923 is not completely superseded by the RTI Act, 2005---Kindly go through the memorandum.
    8. Though we can say the OSA is indeed superseded by the RTI Act in the event of public interest. You can judge by yourself whether under these circumstances do you think that it has superceded.
    9. Though Chief Information Commissioner Mr. Wajahat Habbibullah says that he is very clear that when there is a direct conflict between the OSA and RTI Act, it is the RTI which prevails. The OSA cannot be used in a manner in which it is inconsistent with provisions of the RTI Act. Though it is but we are sure that in practice it will be difficult to satisfy the PIO or FAA to seek ACR information.

    Rajneesh Madhok,
    B-xxx/63, Nehru Nagar,
    St. No. 2, Railway Road,
    Phagwara (Pb)

  8. #256

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


    Thank you Mr. R. Madhok for your prompt reply.
    with best wishes
    TIRLOK NATH



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