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

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  1. #361
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Our member vnatarajan has made this post in the thread: http://www.rtiindia.org/forum/673-ri...s-apars-3.html
    I am just copying pasting here for ready reference since this is also a relevant thread.


    Latest DOPT's Circular on Bad Remarks in old ACRs- vs APARs:

    No.21011/1/2005-Estt.(A)
    Government of India
    Ministry of Personnel, Public Grivances and Pensions
    Department of Personnel and Training



    New Delhi, the 6th January,2010



    OFFICE MEMORANDUM




    Subject:- Effect on modification/expunction of adverse remarks in the ACRs and upgradation/down-gradation of the overall grading in the ACRs prior to the period 2008-2009.




    The undersigned is directed to say that instructions were issued vide O.M. of even number dated 14th May, 2009 by which the complete APAR (previously known as ACR) including the overall grading and assessment of integrity shall be communicated to the concerned officer for representation if any, with effect from the reporting period 2008-09 which was to be initiated from 1.4.2008. Prior to that only adverse remarks in the ACR were required to be communicated for representation, if any. The then existing instructions further provided that the overall grading in the ACR should remain unchanged even after modification or expunction of the entire adverse remarks. It was left to the DPC to re-determine the overall grading if it considered that the expunction of such adverse remarks had so altered the quality of the ACR. The matter has been further considered and it has been decided that in those cases where the reckonable ACRs prior to the reporting period 2008-09 are to be considered in a future DPC on which the adverse remarks of Reporting I Reviewing / Accepting Authorities have been expunged or modified by the Competent Authority , the "overall grading" in the ACR be kept blank for appropriate re-grading by the DPCs. The existing grading shall be blocked in such cases. It has also been decided that where the authority has upgraded / downgraded the overall grading without giving sufficient reasons, the DPC shall treat such an exercise as non-estlinvalid. General terms, such as "I agree or disagree with the Reporting Officer / Reviewing Officer" used by the Reviewing I Accepting Authority shall not be construed as sufficient reason for upgrading / downgrading the overall grading given by the Reporting Authority 1 Reviewing Authority. The proposals for the DPC where ACRs upto the reporting period 2007-08 will be taken into account should specifically bring out these guidelines.

    2. It is also made clear that past cases already decided will not be re-opened.

    (C.A.Subrarnanian) Director

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  2. #362
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    DoPT has issued a new directive regarding disclosure of past ACR gradings, which are below bench mark and if those ACR's are to be considered in future DPC's.

    The original circular is attached to this post.
    Attached Images Attached Images
    Last edited by karira; 30-04-10 at 10:54 AM. Reason: editing word
    Twitter: @cjkarira

  3. #363
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    In a recent judgment, the Delhi High Court has ruled that ACRs of others can be disclosed only if larger public interest is involved.

    The full judgment is attached to this post.
    Twitter: @cjkarira

  4. #364
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    Dr. S.Malhotra
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    ACR of another employee



    plz find enclosed 2 judgments of Hon'ble High Courts and give your opinion whether ACR of another employee can be disclosed or not without following procedure in s.11 of the Act.

    plz refer to thread : http://www.rtiindia.org/forum/118-di...tml#post213883

  5. #365
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    As per requests of members,. this thread is now being re-opened for discussions.
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  6. #366
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Two threads merged
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  7. #367
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    IN THE HIGH COURT OF KERALA AT ERNAKULAM
    Centre Of Earth Science Studies, ... vs Dr. Mrs.Anson Sebastian, ... on 17 February, 2010
    it is by DB
    para 4.
    The next question to be considered is whether the information sought by the first respondent relates to personal information of other employees, the disclosure of which is prohibited under Section 8(1)(j) of the Act. Here again, we notice that under exceptional circumstances even personal information disclosure of which is prohibited under the main clause, can be disclosed if the Central Public Information Officer or the State Public Information Officer or the appellate authority as the case may be, is satisfied that the larger public interest justifies disclosure of such information. What is immune from disclosure as personal information is not one relating to any public activity or interest and what is prohibited is furnishing of information which causes unwarranted invasion of the privacy of the individual. In this case we notice that the information sought by the first respondent pertains to copies of documents furnished in a domestic enquiry against one of the employees of the appellant-organisation. Domestic enquiry is an open trial which is essentially initiated as part of disciplinary proceedings against the employee. Domestic enquiry involves production of evidence including documents, some of which are even public documents. We do not know how documents produced in a domestic enquiry can be treated as documents relating to personal information of a person, the disclosure of which will cause unwarranted invasion of his privacy. Similar is the position with regard to the particulars of Confidential Reports maintained in respect of co- employees of the first respondent all of whom are Scientists. Confidential Reports are essentially performance appraisal by higher officials which along with other things constitute the basis for promotions and other service benefits. Counsel for the State Information Commission has produced a Government of India Office Memorandum dated 14.5.2009 by which the Confidential Reports have been
    taken away and in their place what is authorised to be maintained is annual appraisal reports. According to Standing Counsel for the Information Commission, the Confidential Reports are no longer personal documents or private documents and all the employees are entitled to know the details of the same. Counsel appearing for the first respondent submitted that first respondent has grievance in her service and in order to satisfy herself about the propriety and correctness of promotions and other benefits given to similar employees, she wants details of the same. We do not think the Confidential Reports of the employees maintained by the appellant can be treated as records pertaining to personal information of an employee, the publication of which is prohibited under Section 8(1)(j) of the Act. We, therefore, concur with the findings of the learned Single Judge on this issue as well. Consequently Writ Appeals are dismissed.


    Below is the latest Judgment on the matter of ACR of another employee

    IN THE HIGH COURT OF DELHI AT NEW DELHI
    In R K JAIN vs UNION OF INDIA & ors dated 08.12.2011 CORAM: HON’BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI

    Para 10 , 11
    10. Therefore, except in cases involving overriding public interest, the ACR record of an officer cannot be disclosed to any person other than the officer himself/herself.

    11. The decision relied upon by the petitioner in*Centre for Earth Sciences Studies Vs. Anson Sebastian,*2010 (2) KLT 233, in my view, has no application in the facts of the present case. This case related to documents sought by the querist which were copies of documents furnished in a domestic inquiry against the employees of the appellant organization. Moreover, in the light of the decision in*Arvind Kejriwal*(supra), which is a decision of a co-ordinate bench of this Court, I am not inclined to follow the decision in*Centre for Earth Sciences Studies*(supra).

    I think Hon'ble Delhi High Court has erred . The ratio goes in favour of Centre Of Earth Science Studies, ... vs Dr. Mrs.Anson Sebastian

  8. #368
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    The 1st part of an ACR has information like name, designation, post, date of joining present post and present office, scale of pay, present pay leave period and nature, SC/ST status etc.

    The 2nd Part has the self assessment written by the reportee about the work/activities done by him/her etc.

    The 3rd Part has the assessment done by the reporting officer with grading

    The 4th Part is the assessment done by the Reviewing officer

    The 5th Part is the acceptance or otherwise by the Accepting officer

    Now what ever an ACR contains is part of public duties and activities done by respective persons, the personal information is a misnomer here what unwarranted invasion of privacy is attracted on its disclosure? Invoking section 891)(j) is untenable here and is an abuse of the provision to deny information because they want to conceal their irregularities. thnks
    Last edited by nk agarwal; 15-12-11 at 03:14 PM. Reason: corrections

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