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Thread: DPC proceedings not to be disclosed

  1. Re: DPC proceedings not to be disclosed


    The Bureaucracy has been responsible for the culture of secrecy all over the year. Now the bureaucrats have hijacked the Information Commissions. Therefore, such decisions are bound to come???



  2. #10

    Re: DPC proceedings not to be disclosed


    From the various decisions of CIC now it is clear that while the entire DPC proceedings cannot be disclosed because it contains ACR gradings also (whose disclosure is exempted as per the various decisions of the CIC) the final recommendations of the DPC can be disclosed. It is better to put it (the DPC recommendations) on the website of the public Authority concerned as part of disclosure under Sec 4 of the ACT.

  3. #11
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    Re: DPC proceedings not to be disclosed


    Please also read the following thread:

    https://www.rtiindia.org/forum/555-ca...html#post11950
    Twitter: @cjkarira

  4. #12

    Re: DPC proceedings not to be disclosed



    The position regarding disclosure of ACR itself has changed after issue of Govt instructions dated 21.9.2007. As per this instruction the public authority has the discretion to disclose not only the ACR of the information seeker but also about others.

  5. Re: DPC proceedings not to be disclosed


    Quote Originally Posted by taurus View Post
    The position regarding disclosure of ACR itself has changed after issue of Govt instructions dated 21.9.2007. As per this instruction the public authority has the discretion to disclose not only the ACR of the information seeker but also about others.
    These instructions seems to be ultra-vires the Act. When, the Act do not bar disclosure of ACRs, the executive can not put riders to disclose the ACRs.

  6. #14

    Re: DPC proceedings not to be disclosed


    Yes. The Act has not exempted specifically the disclosure of ACR to 'anyone'. But the point is that it may fall under the exemption provided under Sec 8(1)(j). That is why the executive has issued the clarification. It is good as far as it goes. One may yet feel that it does not go far enough to reach the transparency standards aimed at by the Act! I dont think it can be dubbed as ultra vires on this score alone.

  7. Re: DPC proceedings not to be disclosed


    The Punjab Information Commission, the Tripura Information Commission and the Goa Information Commission have held that the disclosure of the ACRs is not exempted under Section 8 (1)(j). Therefore, after the enactment of the RTI Act, 2005, the ACRs are to be disclosed. Therefore, when the disclosure of the ACRs is not exempted under the RTI Act, the question of issuing such instructions does not arise. Therefore, I termed these instructions ultra-vires the Act.

  8. #16

    Re: DPC proceedings not to be disclosed


    kindly post the relevant decisions of all the commissions for the knowledge of the members.
    adil

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