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. #409

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


    Quote Originally Posted by pcbali View Post
    The latest judgment is hereby as follows and also available at State Information Commission Punjab - Orders 2009
    Sir could you please upload PDF copy of the specific order here???? As there is many orders in your in your provided portal it is hard to find out the specific order.
    Thanks and with regards.



  2. #410

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


    Quote Originally Posted by lissing perme View Post
    Sir could you please upload PDF copy of the specific order here???? As there is many orders in your in your provided portal it is hard to find out the specific order.
    Thanks and with regards.
    Dear, it relates to field "Jun 28, 2012 In Chamber Sh. R.I.Singh,CIC 11.00 AM Download", Click on download of this line, there are only three judgement on this link of CIC ( a full day business of court on a specific date) the third is this judgement which has been copied from there and pasted here on this thread. You can also copy and paste from thread no 1 or form link, that is simple and nothing more I have with me. Further I will try to create a PDF and will upload in a day.

  3. #411

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


    The SIC has passed a good Order. Only one thing that distinguishes the matter from others is that in most of the cases that come up relate to the Government staff themselves, asking for their own APARS or asking the APARS of their colleagues or competitors who have been favoured in matters relating to enquiries, promotion, etc.. Instances of General public asking for APARS are not coming up or entertained.

  4. #412

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



    8. Therefore, I have no hesitation in holding that there is nothing in the Right to Information Act which would debar withholding of information pertaining to APARs
    .Is this sentence O.K in context of above order.

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


    Recent decision on CIC on the issue:

    " 4. The appellant in his second appeal filed before the Commission submits
    that Hon’ble Supreme Court of India, for fairness and transparency in public
    administration, has held in their judgement in the case of Shri Dev Dutt Vs. Union
    of India (Civil Appeal No. 7631 of 2002) that the object of writing the confidential
    report and making entries is to give an opportunity to the public servant to
    improve the performance. In compliance with the above-said judgement of the
    Supreme Court, the Government has issued instructions to the effect that full
    Annual Performance Appraisal Report including the overall grading shall be
    communicated the concerned officer. On the other hand the respondent have
    taken the cover of CIC decision dated 11.12.2008, which is not relevant now.
    5. Having heard the submissions of the parties and in view of the
    aforementioned judgement of Supreme Court of India, the Commission hereby
    directs the CPIO to provide authenticated copies of appellant’s Annual
    Performance Appraisal Report for the period 1.1.2000 to 31.12.2000 within ten
    days of receipt of this order."


    http://rti.india.gov.in/cic_decision...91_M_83705.pdf

    Full decision as attachment.

    Full credit to Karira Sir.
    Attached Files Attached Files

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


    As some members has rightly posted views expressed by Honorable Supreme Court on the issue of disclosure of ACRs as well CIC has also given decisions clearly to disclose APRs any Investigation report including Vigilance and file noting as well taking extracts of the same as mandated under section 2(j)(i) & (ii) ; in a decision in 2009 even CIC has allowed disclosure of Annual Assessment by IT Dept. of firms, organisation, corporate etc. even AS filed by an individual as Director, So RTI Act is a meaningful legislation where intention of legislators has been discussed in deep at various point and section 22 of RTI Act, 2005 have overriding effect "And any other law for time being in force.............Thus the spirit of RTI Act, 2005 is laudable.
    In case of APRs it is being said that the appease deserve to know good things and Bad things also for his self improvement as such disclosure is crucial hence there is no conflict with intention of decision and any misuse so it is settled decision that the APRs are out of ambit of Official secret Act,
    Thanking You all, with best regards!

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


    Dear All

    We have a case under which The CIC has directed to show the ACR to the person who has asked for the Copy of the ACR from 2006 to 2011.

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


    Dear Member

    Please read this full thread and also read the threads available here: https://www.google.co.in/webhp?rlz=1...7&ix=sea&ion=1

    regards

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