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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. #257
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    Name:
    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Dear Mr. Madhok,
    would highly appreciate if you could pl. site the reference for para 9 of your post No. 255 "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".



  2. #258
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    Name:
    sanjay jeet singh randhawa
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    ACR is the means to access the junior with the aim to make him more better in profession.
    In India it is different, the bosses are not qualified to access the right man above their ratings,EGO !STATUS! but such is the case for only 30% of the bosses,the other 30% are just followers of the pattern, but 40% who think out of box and are capable seniors do not rate their juniors low becoz they know that better assessment will motivate them to be more better.
    I will tell you about my personnel, I have always given them to grade them in pencil and I find that when they bring the completed acr they have graded them low, because we are Indians, who always see others as better than us becoz we regard our boss higher. In the end, while finalising their acr I give them what they deserve and give them reasons for the same stating that no favours done, NOW u see they are motivated to the extent to even take personnel bombs across, now only you have to see that they should not stress themselves more.
    Once one of my junior accessed his personnel low so with his concurrence I got 360 degree assessment done for him which was eyeopener to him and he mended his ways thereafter. But in our sycophant world the opposite is true becoz sycophancy pays to both but not to professionals and skilled persons get demotivated and their good jobs are suppressed by seniors changing 'notes on file' with their names across.
    Even to the extent, in disguise of neatness nowadays the files have changed to folders where crook seniors only put across the information to their advantage and their bosses do not mind or say they are not professional to even know that they are being fooled for sycophancy. We need OBAMAS who can tell not to give bonus, to employ only US citizens or who can even say to colect less pay but keep earning bcoz luxoury comes only after needs and wants are satisfied.

  3. #259

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


    Mr. N.K. Agarwal,
    "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"
    Sir, i reapeat the words and it is what I have described. You can forward the post to Mr. Wajahat Habibullah for further explanantion.
    Regards,
    Rajneesh Madhok,
    B-xxx/63, Nehru Nagar, St. no. 2,
    Railway Road,
    Phagwara-144401 (Pb)
    Ph: XXXXXXXXXXX (O), XXXXXXX (R), XXXXXXXXXXXX
    Tele-fax: XXXXXXXXX, E-mail: xxx@yyy.zzz
    Last edited by karira; 02-05-09 at 05:53 PM. Reason: Deleting Mobile Number and email

  4. #260
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    Name:
    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    Dear Mr. Madhok,
    Your information is very important.
    Reference of the same if available in this forum, could be useful to many members who can cite the same while requesting disclosure of ACRs under RTI Act-2005.
    thnks

  5. #261

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


    Dear N K Agrawal,
    Kindly go through the post in rtiindia.org posted by Sidmis Posts No. 1,614
    https://www.rtiindia.org/forum/1667-r...w-limited.html
    RTI Act will prevail if there‚€™s any direct conflict, says CIC

    OSA is a colonial law that protects Govt from public. In a democracy, public is Govt... Custody of information held by Govt now with RTI : Habibullah

    NEW DELHI, OCTOBER 14: Chief Information Commissioner Wajahat Habibullah has said he is ‚€œpresuming‚€Ě the Government is undertaking a review of the 1923 Official Secrets Act (OSA) ‚€” Major General (retired) V K Singh is its latest victim, booked for writing on corruption in the RAW ‚€” in view of the transparency regime ushered in by the 2005 Right to Information Act.

    Speaking to The Indian Express, Habibullah said: ‚€œI am 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.‚€Ě
    I hope now it would be clear.
    Thanks
    Rajneesh Madhok,
    B-xxx/63, Nehru Nagar, St. No. 2,
    Railway Road,
    Phagwara-144401 (Pb)

  6. #262
    Posts
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    Name:
    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act




    Rajneesh,

    Phone Numbers and email id's are not allowed on the forum.
    Please do not past them on the forum.

    All discussions open this forum take place in the open so that the maximum number of members and guests get the benefit.
    Twitter: @cjkarira

  7. #263

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


    Honourable Mr. karira,
    Thanks for your guidance. I shall take care in future and apologize for the same.
    Regards,
    Rajneesh

  8. #264
    Posts
    508
    Name:
    NK Agarwal
    Blog Entries
    21
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    15

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


    Dear Mr. Madhok,
    I know it.
    I am not sure if any appellant can take advantage of press statements during hearing of an appeal.
    The RTI ACt-2005 it self says that RTI ACt-2005 supersedes the OSA but still the PIOs and FAAs are "misusing" it, also appeals on the matter are not being allowed by CIC.
    I only wanted to know if what you have quoted is part of any decision of CIC. Its clear now That it is press statement.
    thnks
    Last edited by nk agarwal; 02-05-09 at 07:56 PM. Reason: corrections



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