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. #449
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    NK Agarwal
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    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Quote Originally Posted by RAVEENA_O View Post
    The Original Apex Court judgment was with respect to ACR. Nomenclature changed from ACR to APAR in post supreme court judgment implementation stage. DoPT had issued instructions to disclose ACRs prior to SC judgement and asked officers to submit representations against BBM grading. The SC judgment as well as all relevant circulars are available in this thread. Please go through the entire thread, before posting comments.
    Not only the nomenclature has changed from ACR to APAR but, the process of finilasiation has also changed.



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


    The procedure of Self Appraisal by Gr-A and B Officers was in existence even before implementation of the SC judgment. The process then involved were Self Appraisal, reporting, review and acceptance. Communication of adverse entries to the reported officer before acceptance by Accepting authority and considering his representation was also in existence before SC Judgment.

    The only change in the process in post SC Judgment is the mandatory requirement of endorsing a copy of the accepted APAR to the reported officer, which was the mandate of SC Judgment. Now the burden lies on the reported officer to make representation to Accepting authority against not only adverse but with regard to BBM entries, within 15 days of receipt / opening soft-copy of APAR. It no representation is submitted / uploaded soft-copy, within time limit, the entries in APAR (including adverse or BBM) shall be treated as final.
    Satyameva Jayate सत्यमेव जयते

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


    as per the latest instructions , the ACR's after they are written by the reporting officer and reviewed by the reviewing officer are being shown to the official reported upon and his agreement or dis agreement is taken in writing .this is as regards the official and his bosses.
    comming to the RTI,and if a third party asks for these completed ACR's, they are not DISCLOSABLE and the CPIO will have to reject the application.

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



    @koteswararaonerella

    Please go through the entire thread before giving your opinion/comments. The DoPT circular stipulating [1] to endorse copy of APAR to concerned officer reported upon [2] to endorse ACR of previous 2 years to the reported officer and consider representation against adverse / BBM entries afresh, if submitted, is available in this thread.

    It is just not a process of showing the APAR to the reported officer. It is mandatory to endorse a copy to the officer reported upon under his acknowledgement. The process is now IT enabled in most of the Central Govt departments. Scanned copy of accepted APAR is uploaded in departmental web portal. A circular notice is issued to all concerned about uploading of APAR. The concerned officer can view it by using his PF No/Staff Code as login ID and a password issued to him specifically. Date and time of Viewing APAR by officer reported upon is recorded on software. Scanned copy of representation, if any against BBM / Adverse entry can also be uploaded in same page. In case the adverse entries are expunged, the expunged copy or decision of accepting authority shall also be uploaded subsequently.
    Satyameva Jayate सत्यमेव जयते

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


    There is need to consolidate the entire information in the form of a blog as these queries are appearing frequently and with a final comment whether information can be disclosed to Third party or not. Under what circumstances it can be disclosed (Corruption, Larger public interest)

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


    That position as reported or noted is of old one and as per the latest instructions the xerox copy of fully filled in including remarks of REPORTING OFFICER/REVIEWING OFFICER need to be shown or given to him and take al lettter from official (OFFICIAL REPORTED UPON )that he has seen the ACR in complete form

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


    Quote Originally Posted by koteswararaonerella View Post
    That position as reported or noted is of old one and as per the latest instructions the xerox copy of fully filled in including remarks of REPORTING OFFICER/REVIEWING OFFICER need to be shown or given to him and take a lettter from official (OFFICIAL REPORTED UPON )that he has seen the ACR in complete form
    @koteswararaonerella

    I am repeating that you have not gone through the extant instructions. Your views regarding showing APAR to reported official and obtaining his agreement/disagreement, in Post 451 / 454 are wrong and baseless.

    This is a serious thread and your casual views and opinions cannot substitute Official Norms and provisions in DoPT OMs. Any such irrelevant posts, on this thread, in future shall be removed without any further advice.

    I am once again attaching the DoPT OM which is binding on all Ministries, Departments, Attached Offices and Field Units. I have highlighted relevant portion for your information.

    I repeat - it is mandatory to endorse a copy of APAR to the officer reported upon, under his acknowledgement, with clear directions that he must submit his representation, if any, within 15 days. Such representation, if submitted should be considered by Competent Authority within 30 days from its submission. Decision on such representation must be with objectivity based on material on record. The decision of competent authority and final Grading shall also be communicated to the officer reported upon within 15 days from its receipt from Competent Authority.

    @G.L.N. Prasad

    ACARs are not disclosable to third parties. The concurrent view of all the benches of Supreme Court right from the case of Dev Dutt to Sukhdev Singh are that APARs are not disclosable to third party. APAR is nothing but appraisal of the performance of an employee. Considering the ratio laid down by Hon'ble Apex Court in Girish Deshpande's case, performance of an employee/officer in an organization is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression “personal information”, the disclosure of which has no relationship to any public activity or public interest.

    However, an employee can seek and obtain his own APAR under RTI.
    Satyameva Jayate सत्यमेव जयते

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


    there is lot of change in the system of confidential reports as in the past everything used to be filled by the reporting officer which is to be counter signed by the reviewing officer. now since a decade or so they are being called ACR's consisting of three parts, the first part will be filled by the official himself including his self appraisal as to what are all he has done and the second part consists of the reporting officer who has to conquere or disagree with the officer reported upon and the final part is of reviewing authority who generally agrees with the reporting officer , if there is any head adversantries made by the reporting officers they need to be communicated to the official concerned by enclosing the remarks made.In the present days ACRs are being used to mohr the promotions of those whom the reporting officer not likes for any reason not necessarily with work. this is my personal opinion as a retired JAG kevel officer of a central government department.

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