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milinduw

Annual Confidential Report

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Does Annual Confidential Report comes under RTI. If i want to see my ACR how should i approach my authorities. Please guide.

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I do not agree.A full bench of Punjab Information Commission has already given verdict in Faquir Chand Sharma case in November this year that copy of ACR can be given to the employee.The decision is available on web site of Punjab information commission.

 

adil85

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kushal, I disagree with tyou.I have myself got my ACR's for last eight years.Thers is no ban on getting your own ACR.However,you can not get the ACR of the other person as this is a personal information under 8(1) (j).

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Decision of the Supreme Court of India in the case Dev Dutt versus Union of India and others decided on 13th of May 2008 has laid the issue to rest making it mandatory to supply the copy of the ACR an employee except in military services. I suggest to end further discussion on this subject.

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The q. is not regarding disclosures of ACR's of an individual are of all the employees. The main q. iis that in a particular departmental promotion process the procedure is as under:

Their are 50 marks on the basis of ACR

10 marks are for length of service & educational Qualification.

40 marks are for interview.

 

Now after the process is over the department selects few persons without disclosing the total and bifurcated marks of all eligible candidates and also do not disclose merit list.

Here the candidate wants to know his/her status in Merit list by asking total marks alotted to all the candidates including him/her out of a total of 100 and also the bifurcation of marks allotted under ACR, Edu. Qual. Length of service and in the interview. Whether this is a personal information as the candidate is not asking for comments as per ACR of all the employees

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The q. is not regarding disclosures of ACR's of an individual are of all the employees. The main q. iis that in a particular departmental promotion process the procedure is as under:

Their are 50 marks on the basis of ACR

10 marks are for length of service & educational Qualification.

40 marks are for interview.

 

Now after the process is over the department selects few persons without disclosing the total and bifurcated marks of all eligible candidates and also do not disclose merit list.

Here the candidate wants to know his/her status in Merit list by asking total marks alotted to all the candidates including him/her out of a total of 100 and also the bifurcation of marks allotted under ACR, Edu. Qual. Length of service and in the interview. Whether this is a personal information as the candidate is not asking for comments as per ACR of all the employees

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Dear Mr. Anoop,

The selection or promotion process necessarily is not the same as you have mentioned.

It may be valid for a particular department(s), nevertheless the (1)disclosure of ACRs and (2) disclosure of selection process/minutes are two different and independent issues. The thread under reference is confined to disclosure of ACRs only.

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Dear Mr. Anoop,

The selection or promotion process necessarily is not the same as you have mentioned.

It may be valid for a particular department(s), nevertheless the (1)disclosure of ACRs and (2) disclosure of selection process/minutes are two different and independent issues. The thread under reference is confined to disclosure of ACRs only.

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dear all .

 

plz see my thread "ACR must be shown to employee;supreme court "

 

 

 

ACR of concerned employee must be shown to him.

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dear all .

 

plz see my thread "ACR must be shown to employee;supreme court "

 

 

 

ACR of concerned employee must be shown to him.

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Dear Adil85,

would it be convenient for you to upload the decision of Punjab Information Commision's verdict in Faquir Chand Sharma case in November.

thnks

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kindly see my thread . ACR must be shown to concerned employee : supreme court . i have uploaded the judgment

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Dear Sir,

In Institutions, instead of ACR's FAR's are maintained. (FAR i.e., Faculty Appraisal form). Are the FAR's accessible through RTI Act, 2005

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I have two doubts primarily:

1.Is it not a fact that With the introduction of RTI act 2005, the official secret act has become redundant and therefore summerily defunct. if not, do they not contradict each other. Is there any circular to clarify this issue?.

2. Several reports including that from Supreme court verdict on Dev Dutt vs. Supreme Court of India suggests that ACR should be disclosed to the Govt. Servants whereas there are equal no. of cases where the Information commission has turned down the appeal for disclosure quoting Official secrets act. Therefore is it left to the discretion of the PIO to disclose the ACR or is there a Govt Order to make it mandatory for the PIO to disclose the ACR as long as the applicant asks for his own ACR?

 

MKSAHA

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1. Please read Sec 22 of the RTI Act (Right to Information Act 2005).

 

In the Judgment related to WP© 288/2009 pronounced on 02.09.2009 by the Hon’ble High Court of Delhi (Single Judge order related to Asset Declaration by Judges), the learned Judge observed:

 

“So far as the argument that the 1997 Resolution had imposed a confidentiality obligation on the CJI to ensure non-disclosure of the asset declarations, is concerned, the court is of opinion that with the advent of the Act, and the provision in Section 22 which overrides all other laws, etc. (even overriding the Official Secrets Act) the argument about such a confidentiality condition is on a weak foundation. The mere marking of a document, as "confidential", in this case, does not undermine the overbearing nature of Section 22. Concededly, the confidentiality clause (in the 1997 Resolution) operated, and many might have bona fide believed that it would ensure immunity from access. Yet the advent of

the Act changed all that; all classes of information became its subject

matter.”

 

2. Regarding disclosure of ACR's, please see post #15 above.

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