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. #265
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    Rajneesh Madhok
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Dear N K Agarwal,
    I am reproducing my Para 9. It is very clear and I myself made contradictory statement. That what ever Mr. Wajahat habbibullah has said it will be difficult for the Appellant to satisfy PIO and FAA. So, the conclusion is that if we can't say it is not possible but we can say it will be next to impossible. Still we have not gone through such a decision that CIC had made in favour of Appellant.
    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 .
    Though it is a good move. If Mr. Habbibullah has having this opinion then why not the decision are being made in favour of the Appellant. The formula Man Proposes????????????disposes. Now we should come to the conclusion and the stress should be made with the help of discussion how to implement of RTI Act to get the vital information. With the disclosure of ACR most of our friends will be benefited. As you are an experienced RTI Activist your suggestions to improvement and the way out to get ACR will be highly solicited. Till date I could not find any such formula to extract the ACR informations.
    Rajneesh Madhok


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  2. #266
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Some decisions in favour of disclosure have come out from SICs of Gujrat, Tripura, Himachal Pradesh, Punjab etc. and are availabaale in this thread. Some decisions have also come out from CIC too.
    To my knowledgs no decisions has come so far where OSA has been declared redundant saying that RTI ACt-2005 overwrides the OSA.
    I think as an RTI Act-2005 user I can only say that the applicants should have patience and pursue his case systematically. I think the preamble of the RTI ACt-2005 would come to the rescue of the applicants as it lay down the roadmap i.e "transparency and accountability in governance".

  3. #267
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    Sandeep Baheti
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Just wanted to bring out that WB SIC still denies disclosure of ACRs citing Sec 8(1)(e).

  4. #268
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    Raveena
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    Quote Originally Posted by wagh7 View Post
    Shri taurus ji,

    You are right, now CIC should give a bold decision saying ACR are brough under RTI Act, 2005.

    rakatkam.
    Information Commissioner Mrs Annapurna Dixit has already given decision to disclose ACR in the case of Dr P. Garhwal Vs C.Rly CIC/OK/A/08/00762
    Dated May 14, 2009. Copy attached.
    Attached Images Attached Images
    Satyameva Jayate सत्यमेव जयते

  5. #269
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Ravi,

    thanks for your updates.

  6. #270
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    Rajneesh Madhok
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Kindly refer to State Inforamation Commissioner Punjab, Chandigarh's decision regarding Ms. Arti Pansotra Vs PIO O/o Distt. Education Officer (SS), Jalandhar. C.C. No. 2412 of 2007 Order
    ““Third Party Information- Where a Central Public Information Officer or the State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Pubic Information Officer, as the case may be, shall, within five days from the receipt for the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information, or record, or part thereof and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information.”
    It is directed that at the next date of hearing, the PIO of the Secondary Education, Jalandhar should be present and present the documents regarding information sought from third party as per section 11 quoted above. In the course of hearing a letter has been presented to the court dated 05.10.2007 written by the DEO to the complainant where part information regarding Smt. Loveleen Kaur has been submitted.
    This is according to the decision made by Mrs. Ravi Singh State Inforamtion Commissioner on 03.03.08
    Rajneesh Madhok,
    B-xxx/63. Nehru Nagar,
    St. No. 2,
    Railway Road,
    Phagwara-144401 (Pb)

  7. #271
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    IC Ansari has allowed disclosure of ACR grades but has withheld disclosure of remarks made by Reporting and Reviewing officers:

    http://cic.gov.in/CIC-Orders/MA-26052009-06.pdf

    The CPIO stated that the appellant has asked for copies of ACRs which was denied on the ground that the requested information is confidential. In the course of hearing, it was however agreed that the CPIO would furnish the ACR grades, while the remarks made by the superior officers, namely Reporting and Reviewing Officer should be withheld u/s 8 (1) (j) of the Act.
    Twitter: @cjkarira

  8. #272
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    The Apex Court, the High Courts, Principle Banch CAT, CIC and SICs of many sattes have allowed disclosure, so why this decision against disclosure?

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