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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. #321

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


    My own experience suggests that in Govt. departments obedience counts more than efficiency in so far as ACRs are concerned.



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


    Quote Originally Posted by sekhar.aich View Post
    My own experience suggests that in Govt. departments obedience counts more than efficiency in so far as ACRs are concerned.
    The quality and correctness of ACR is not the subject matter under discussion on this thread. Kindly refer my last posting on the subject, wherein I have attached a copy of Full Bench Judgement of CIC, which clearly indicates that entry in ACR to be disclosed to the employee concerned (not to others). The issue in this thread therefore stand answered.
    Satyameva Jayate सत्यमेव जयते

  3. #323
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    A decision by IC AD allowing for certified copies of ACR's to be given:

    https://cic.gov.in/CIC-Orders/AD-07092009-05.pdf

    After hearing the submissions of both sides the Commission directs the CPIO to provide the certified copies of ACRs(Full Bench Decision of CIC passed vide order dated 19.02.2009 in Appeal No. CIC/WB/A/2007/00422 ) as requested and also to furnish the 1981, 1983 and 1998 policies to the Appellant. The reason for not paying the retrospective benefits to the Applicant to be given along with supporting documents. All information to be provided by 05.10.09.
    Twitter: @cjkarira

  4. #324

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



    I had to vote for either "Yes" or "No", so I voted for "Yes". In fact, I feel the existing practice of reporting and reviewing of ACR by the office/section heads compells one to perform in the manner as desired and prescribed by the office/section heads and this prescribed manner/desire should be weighed in the light of corruption, malpractices, selfishness v/s truthfullness and other prevailing factors affecting the morality of human kind all over the world. So, I feel that it is high time when we should start an open discussion on the issue - "Whether the ACR in present form & practice needs to be changed or abolished?". The issue should be viewed only with the real & practical aspects not the hypothetical one.

  5. #325
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    M. Faiyazuddin
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    The practical aspect suggests that it should be abolished. It undermines efficiency and encourages flattering.
    "It is a fine thing to be honest, but it is also very important to be right. "
    Winston Churchil
    APPEAL: Use RTI to get Information from Private/Public Unaided Schools to stop violation of norms in Education. Private Schools are under the Purview of RTI--CIC.
    https://www.rtiindia.org/forum/blogs/jps50/154-how-get-information-private-entity-under-rti.html


  6. #326
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Under the existing provisions of RTI Act-2005, the ACRs are disc losable.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
    However, the PAs are denying disclosure on the following pretexts:<o:p></o:p>
    (1) Confidentiality<o:p></o:p>
    (2) Official Secret Act<o:p></o:p>
    (3) Fiduciary relationship<o:p></o:p>
    (4) Personal Information<o:p></o:p>
    (5) No Public Interest <o:p></o:p>
    (6) Invasion of privacy etc.<o:p></o:p>
    As on date, various decisions of Hon'ble CIC and SICs have allowed disclosure of the ACRs to the individual concern and not to others i.e. one can access his or her own ACR and not of others. <o:p></o:p>
    Still the PAs are blocking the disclosure.<o:p></o:p>
    My personal feeling is that once through the decisions of CIC the ACRs have become disc losable, the CIC Website should clearly state so and should not entertain any appeal to defend non-disclosure. Such denial of information cases should be severely dealt by imposing heavy penalty on PIO.<o:p></o:p>

  7. #327

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


    It is a good suggestion that CIC should act tough with those who donot disclose ACRs in accordance with the settled position now. That only will lbring about change in the attitude of the PAs.

  8. #328
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Finally, different IC's in the CIC are taking congnizance of the full bench order on ACR's and allowing disclosure:

    https://cic.gov.in/CIC-Orders/AT-20032009-04.pdf

    2. This second-appeal by Shri R.P. Meena (appellant) is related to his RTI-application dated 30.06.2008, which was regarding certified copies of appellant’s Annual Confidential Reports for the years 1994-95 to 2007-2008.
    3. This information has now become disclosable following Commission’s full Bench order dated 19.02.2009 in P.K. Sarin Vs. Directorate General of Works (CPWD); Appeal No.CIC/WB/A/2007/00422.
    4. Accordingly, consistent with that order, it is directed that the requested information be disclosed to the appellant within two weeks of the receipt of this order.
    Twitter: @cjkarira



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