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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. #385
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    C J Karira
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    As reported by IANS in newkerala.com on 07 Feb 2012:
    Court reserves order on officials' appraisal reports [newKerala.com News # 156019]

    Court reserves order on officials' appraisal reports

    New Delhi, Feb 7: The Delhi High Court Tuesday reserved its order on a plea that performance appraisal reports of government staffers, officially known as the Annual Confidential Report (ACR), should be available under the Right to Information (RTI) Act in "public interest".

    The petitioner -- RTI activist R.K. Jain -- has raised the question whether performance appraisal reports of a government employee relating to his public duty can be termed as his "personal information" and whether their disclosure will infringe on his privacy.

    According to a circular issued by the ministry of personnel and public grievances in 2007, "an ACR contains information about the character, capability and other attributes of the officials, disclosures of which to any other person would cause unwarranted invasion of privacy".

    ACRs are the basis on which the officials' increments are given. Officials are rated as "extraordinary/very good/good/poor". In order to be promoted, the assessee would have to earn an "extraordinary" or "very good" thrice.

    Stating that under Section 8(1)(j) of the RTI Act, only personal information is exempted from public disclosure, the petitioner argued that ACRs do not come under this category.

    The petitioner, who is also the editor of the Excise Law Times, challenged the earlier order, adding that "larger public interest warrants disclosure of all ACRs, when required, under the RTI Act".

    Advocate Prashant Bhushan, appearing for the petitioner, argued: "The ACRs contain no personal information of the officer concerned, except date of birth, date of joining government, employment code, job qualifications and courses attended during the period which is merely routine data about the officer and available otherwise as well."


    Twitter: @cjkarira

  2. HC reserves verdict on plea making ACRs public under RTI


    As reported by Ibnlive.in.com on Feb 07, 2012
    HC reserves verdict on plea making ACRs public under RTI, IBN Live News

    New Delhi, Feb 7 (PTI) The Delhi High Court today reserved its verdict on a plea seeking to declare that the performance appraisal reports of a public servant were not exempted under the Right to Information (RTI) Act and they can be shared under the transparency law. "The judgement is reserved," a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said. The court was hearing an appeal of RTI activist R K Jain against the order of a single judge which held the annual performance appraisal reports (APARs), previously known as ACRs, of a public servant were "personal information" under the RTI and hence, exempted from disclosure unless it was established a "larger public interest" warranted disclosure. Prashant Bhushan, counsel for Jain, said "only those information, which relate to personal information 'which has no relation to any public activity or interest, or which would cause unwarranted invasion of privacy of the individual', is exempted from disclosure. "And the information pertaining to performance of the public duty of a public servant cannot to be exempted from disclosure under the RTI Act", he argued. Manisha Dhir, counsel for the Centre, however, opposed the plea saying ACRs were exempted from disclosure as they relate to personal information of the public servant concerned. The petition has sought setting aside of the order of the single judge and issuance of a direction to the Centre to disclose alleged "adverse" remarks in Annual Confidential Report (ACR) of Jyoti Balasundaram, a member of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in 2000-01. It has also sought a judicial declaration that ACRs were not exempted from disclosure under the RTI Act.

  3. #387
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    ACRs contain information about discharge of public duties of a public servant; it contains his basic information related to his name, date of birth, leaves, pay scale, pay, post and posting etc.. Except date of birth, all info accrues in he ACRs because of his public duty. thnks

  4. #388

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



    For all my friends on RTI India here is the case no. of the Appeal for tracking & getting verdict firsthand when announced.

    IN THE HIGH COURT OF DELHI AT NEW DELHI



    LPA 22/2012 and CM No.685/2012 (u/S 151 CPC).



    RK JAIN ..... Appellant

    Through: Mr. Prashant Bhushan and Mr. Pranav Sachdeva, Adv.




    versus



    UNION OF INDIA and ANR ..... Respondents

    Through: Ms. Maneesha Dhir, Ms. Geeta Sharma and Ms. Mithu Jain, Adv.

    CORAM:

    HON'BLE THE ACTING CHIEF JUSTICE
    HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R D E R
    13.01.2012
    List on 7th February, 2012.


  5. #389

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


    Whether annual confidential reports should come under the ambit of R.T.I. Act or not. Hon'ble members, in my individual view when under R.T.I. Act, any citizen can seek those informations which can be sought by a P.A. from another public authority under any law for the time being in force. It has been also stated under R.T.I. Act, a citizen can seek those informations which can be sought by Hon'ble parliament or state assembly. If an official is efficiently performing his duties but his senior don't like him individually then he can make adverse remark in his A.C.R. to wreak vengeance. Consequently disclosure A.C.R. under transparency law is the need of hour as well as legally valid under the law of land.

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


    Under RTI Act, one can only seek copies of APARs. The issues whether the reporting is correct or biased etc are beyond the scope of RTI Act. There are various APAR forms - for Subordinate Staff, Officers upto SG and for SAG and above.

    Now even the Below Bench Mark entry on each attribute is also advisable to the reported official. Recording such an entry is not unilateral, but with timely advice to the reported official to improve upon such attributes, else the entry can be appealed.

    Most discussions on this thread on APAR reporting aspects draw the point of objectivity etc. Targets and its achievements alone are not the aspects to be considered. Officers in SS and above are mostly required to function independently and their ability to function in higher posts need to be identified and reported. Those working in Govt Deptts clearly know how and why an APAR goes Below Bench Mark or Adverse. If you walk into a Govt Office with public interface, you will find that a few officers/staff are not worth to discharge their job properly. Mind you, they must have achieved their targets and performed well within the yard stick!!!
    Satyameva Jayate सत्यमेव जयते

  7. #391

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


    Hon'ble members. In view of your friend , annual confidential report is the evaluation of working of the officer and way of public dealing by the officer concerned, noted by senior rank authority as authorized. On the basis of these character roles, departmental promotion, increment in salary and others pecuniary benefit is awarded to government servant. This shows that if an official is working efficiently and performing allotted duty honestly then he is praiseworthy and ought to be mentioned in his character role and his coleague who is performing his official duty lackadaisically then adverse entries must be made in his charater role in accordance with the law. Consequently this function of senior rank authority must be transparent,impartial and full of accountability in order to ensure justice. Which can be only ascertained when function of public authority will come under the ambit of R.T.I. Act 2005 and needs thorough scrutiny. The goal of transparency act is to bring transparency and accountability in the working of public authority and when on filmsy ground annual confidential report disclosure will be exempted under R.T.I. Act 2005 then whether act will achieve its goal only God can reply.

  8. Spoiling of CR in PSU.


    R/Madam/Sir,

    Is it possible to ask for the CR points only of officials in PSU (receiving less CR Points) & the reason for it, also the CR Points of their collegue within same section obtaining higher CR Points with best performance... WORKING UNDER SAME CONTROLLING OFFICER WITH NEARLY SAME JOB WORK..



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