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

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  1. #313
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    vikram
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    i agree with you sir. Only that redress of ACR documents also should come under RTI Act

    RTI enables citizen to collect information and papers, which he can use for redressal of grievances of ACR matters through prescribed machinery other than RTI .


    › Find content similar to: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Last edited by ganpat1956; 13-08-09 at 09:36 PM.

  2. #314
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    Ramesh shankarrao Pawar
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Dear Sir,
    It is absolutely rubbish to suggest that the ACR's are confidential document. The aim and object of writting ACR's is for public cause and not for any personal or individual reason. In view of this all other suggestions that disclosure will harm this and that personal information and might even harm the relationships in hierarchy are say the least are misplaced and misleading.

  3. #315
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    The Delhi High Court today reserved its order on the petitions filed by various departments challenging the CIC''s order, which directed them to provide some confidential information to the RTI aspirants.

    The petitioners, including the Army and Crime branch, sought quashing of the order claiming the information was confidential and providing it would violate the Articles 14 and 21 of the Constitution and was contrary to the provisions of the RTI Act, 2005.

    The High Court heard arguments as whether the information could be withheld as per the Official Secrets Act. ''How does the confidential report (ACR) of an employee come under Official Secrets Act?'' the Judge asked Mr Chandhiok during the course of arguments.

    Mr Chandhiok contended that the information sought in all these cases was of a confidential nature and could not be brought into the public domain. Especially in the Batla House encounter case inquiry report, any fact could not be made public till the inquiry was complete, he said.

    Any information, which was confidential and served no larger public interest could not be provide under the RTI act, he contended.

    The Court said it was better to be transparent in all the dealings and it must be seen that the spirit of RTI Act was being maintained and information was not withheld on small pretexts.

  4. #316
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    Friends, please confine your discussions within the parameters set under forum rules. Two posts of general, non-RTI arguments have been removed.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  5. #317
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    point taken sir

  6. #318
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Dear Mr. NRU Singh,

    I think after so many posts in, perhaps the long(est) thread in this forum, the misconceptions about "ACRs" still persists.In order to use RTI Act-2005 in the matter of ACRs and DPC, one has to understand the whole system of ACRs and its potential or "abuse" to harm individuals by unscrupulous PAs.
    It is also to be understood why one is seeking info about ACRs or DPC under RTI Act-2005 and this purpose can be different for different individual. Certainily one does not seek info unmder RTI ACt-2005 as a hobby.
    Though this is not the appropriate forum to elaborate on this matter, but, it is essential that one knows about the process of ACR writing, about the attributes that aresupposed to be commented upon by the reporting, reveiwing and accepting opfficers, what is meant by adverse entries, what is meant by the grading, what is meant by "bench mark" for promotion in case it is to be done through DPC etc. One also has to understand what is meant by Official Secret Act, confidentiality, fiduciary relationship etc. vi-a-vis the RTI Act-2005.
    All these points are covered in different posts in this long thread.
    My request to members is to please avoid making general statements as "facts", as it may convey wrong notions to RTI Act-2005 users in the matter of ACRs and DPC.

  7. #319
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Another order of the CIC allowing disclosure of ACR's:

    http://cic.gov.in/CIC-Orders/MA-26082009-02.pdf
    Twitter: @cjkarira

  8. #320
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    Raveena
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    There is a landmark judgement of CIC Full Bench. Copy attached.

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    It clearly states that the entries in ACRs must be disclosed to the employee concerned (and not to any other person) but it is not necessary to give copy of ACR.

    In view of this, the issue involved in this thread has attained finality and we may follow this landmark judgement.

    We may close this thread here, so that the final version may be available to all our readers.

    The Full text Judgement is also available in following CIC link:


    http://cic.gov.in/CIC-Orders/FB-19022009-01.pdf
    Last edited by karira; 31-08-09 at 09:41 PM.
    Satyameva Jayate सत्यमेव जयते

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