Topic Identifier

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

Page 38 of 58 FirstFirst ... 3334353637383940414243 ... LastLast
Results 297 to 304 of 458

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

  1. #297
    Posts
    98
    Name:
    Ravindrakumar Maheshwari
    Rep Power
    9

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


    Following SC's judgment in Dev Dutt case, the Govt. has reviewed the communications of entries in the ACRs; the silent features of OM issued by DOPT on 14th May, 2009 :(i) Nomenclature of ACR modified as Annual Performance Assessment Report (APAR).(ii) APAR including the overall grade and assessment of integrity to be communicated to the concerned officer after the report is complete (means with the remarks of the reviewing officer and the Accepting Authority). (iii) The officer can make representation against the entries and the final grading given in the Report. (iv) The new system is made applicable with effect from the reporting period 2008 09 which is to be initiated after April 1, 2009. (v) The competent authority shall decide within a period of 30 days. In short, performance appraisal (in other words ACR) is no more confidential.



  2. #298

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


    Quote: The officer can make representation against the entries and the final grading given in the Report


    The process of decsion making in the reprsenation should be transprent as many IO/RO are mixed up with adminstrtaive justice channel and they sabotage a redress.

  3. #299
    Posts
    98
    Name:
    Ravindrakumar Maheshwari
    Rep Power
    9

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


    The point which is being discussed is whether disclosure of ACR comes under OSA or not. I think, with the introduction of APAR, in replacement of ACR, has addressed the point being discussed. A new point has now emerged, as noted by Vikram in this Thread, and that is "The process of decision making in the reprsenation should be transprent as many IO/RO are mixed up with adminstrtaive justice channel and they sabotage a redress". Vikram, you are right, but i think the process, once over, can be asked for under RTI.

  4. #300

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



    I have sought for copies and under Section 4 (1) (b) (iii) and Section 4 (1) (d) i am entitled.

  5. #301
    Posts
    98
    Name:
    Ravindrakumar Maheshwari
    Rep Power
    9

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


    Vikram, basically, it relates to suo moto disclosure. 4 (1) (b) (iii) : the chain of officials, i.e. reporting, reviewing and accepting, are always known to the employees to be reported upon; and even if these names are not known, an employee can ask for it, which i dont think any PA can refuse. 4 (1) (d) : as far as the adverse entries in the ACRs are concerned, adverse entries cannot be made by any authority, if notes advising employee (to be reporte upon) to improve upon or memoranda of services calling for explanations, etc. are not issued to the employee. So, if an adverse entry is made, the employee can always ask for the reasons of such adverse entries.

  6. #302

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


    Sir

    sorry for not explaining it earlier.

    In a redress process, the complainant submits a complaint against a ACR or non emnallanement.

    the complainant provides reason of bias reporting against him in the submitted complaint. If he is a victim of a corrupt IO/RO, he submits the case and also proof.

    Now the administrative justice channel has officials who are suppose to verify the veracity of the issues. They also seek comments of IO/RO/SRO. Based on their own interpretations they draft comments for redress from the Competent Authority who has powers to give redress.

    Now the process gets diluted as the officials in administrative channel are bribed/ school/college mates/ course mates who can get influenced by IO /RO/SRO to give comments in their favour.

    The complainant is never made aware what comments were offered by IO/RO/SRO and also what further interpretations in file noting as made. It also allows immunity to all that they can suppress facts/corrupt issues to aid the corrupt IO/RO/SRO.

    The mockery is the complainant is never involved in the process of justice and he is given a plain speaking order that complaint is rejected.


    Now I have raised an issue that Under Section 4 (1) (b) (iii) i am entitled to know the process and file noting of the redress procedure that under went with copies of comments of IO/RO/SRO AND also copies of recommendation of the officials of administrative justice for the competent auth. That information will provide the information that a complaint redress has been addressed in the manner he wanted without any issues left out.

    Under Section 4 (1) (d) i am also entitled a file noting of reason of rejection as a mere speaking order of the competent auth is not giving transparency of the issues if that were ever addressed.

    Hence apart from ACR the redress of ACR is also important.

    That transparency will prevent lot of manipulation in hidden file noting of redress against well conneected powerful corrupt IO/RO/SRO. They know if thier misdeed are accepted as on record they will be also questioned. so they try level best to find links inside to modify the truth and make a complanant suffer as he is never mader aware of his redress documents under old OSA rules.

  7. #303

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


    Details under Sec 4 (1)(b)(iii) would only give you the bare 'procedure' followed in the decision making process, including channels of supervision and accountability. Information under this section will furnish you what you already know, that is the comments are taken from so and so etc. and a reasoned order is passed by an authority who is competent to do so. It reveals only the 'process'. Not the details of what actually happened in the process. Now this does not tell you what each person commented at any stage. That is not convered under Sec 4(1)(b)(iii). For that you have to apply for the file notings or the copies of the correspondence exchanged between the authority and the IO, RO, SRO etc. No need to invoke Sec 4(1)(b)(iii).
    .

  8. #304

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


    They are mentioning fiduciary relationship plus ACR related document not under RTI Act as an excuse and hence not disclosing the file noting.

    I have used the real explanation of fiduciary relationship as discussed in thread of fiduciary relationship and also it will expose corruption / favouritism /nepotism.

    I am waiting for the reply by FAA.



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