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  1. What is contained in confidential reports is undoubtedly ‘personal information’ about that employee. The ACRs are protected from disclosure because arguably such disclosure seriously harm interpersonal relationship in a given organization. Further, the ACR notings represent an interaction based on trust and confidence between the officers involved in initiating, reviewing or accepting the ACRs. These officers could be seriously embarrassed and even compromised if their notings are made public. There are, thus, reasonable grounds to protect all such information through a proper classification under the Official Secrets Act.
  2. क्या 'सूचना के अधिकार' के तहत किसी सरकारी कर्मचारी/लोकसेवकों की ऐ.सी.आर.(वार्षिक मूल्यांकन प्रतिवेदन) मांगी जा सकती है....???? कृपया मार्गदर्शन करें..!!
  3. As reported in Law Web: Every entry in annual confidential report of a public servant must be communicated to him/her within a reasonable period on 1st Dec.2013 Every entry in annual confidential report of a public servant must be communicated to him/her within a reasonable period "In our opinion, the view taken in Dev Dutt that every entry in ACR of a public servant must be communicated to him/her within a reasonable period is legally sound and helps in achieving threefold objectives. First, the communication of every entry in the ACR to a public servant helps him/her to work harder and achieve more that helps him in improving his work and give better results. Second and equally important, on being made aware of the entry in the ACR, the public servant may feel dissatisfied with the same. Communication of the entry enables him/her to make representation for upgradation of the remarks entered in the ACR. Third, communication of every entry in the ACR brings transparency in recording the remarks relating to a public servant and the system becomes more conforming to the principles of natural justice. We, accordingly, hold that every entry in ACR – poor, fair, average, good or very good – must be communicated to him/her within a reasonable period." Supreme Court of India Sukhdev Singh vs Union Of India & Ors. on 23 April, 2013 Full judgment can be seen: http://judis.nic.in/supremecourt/imgs1.aspx?filename=40357 [PDF][/PDF] Every entry in annual confidential report of a public servant must be communicated to him or her.pdf
  4. CIC asks NTRO to reveal ex-employee’s appraisal reports Reported by Himanshi Dhawan in timesofindia.indiatimes.com on June 17, 2013 CIC asks NTRO to reveal ex-employee’s appraisal reports - The Times of India NEW DELHI: In a rare exception, the Central Information Commission (CIC) has asked National Technical Research Organization (NTRO) to disclose the annual appraisal report of an ex-employee. The technical intelligence agency is exempt from RTI except in cases of human rights violation and corruption. The applicant, Odisha-based Subhendushree Routroy, had sought his annual performance appraisal reports for 2008, 2009 and 2010. He was sacked from NTRO and he argued that access to his annual appraisal reports was a human rights issue. The argument was upheld by the commission. In his order, chief information commission Satyananda Mishra said, "Termination from service has created survival problems for him (Routroy). In this background, his need to have access to his own performance appraisal reports becomes very important and relevant as it would give him an idea of how the authorities rated his performance and whether he would have any opportunity of ever getting employment in any similar institution in future. In some sense, the denial of this information to him may result in the violation of his human rights, that is, the right to live and survive.'' Routroy had asked for his reports citing a Supreme Court decision. He said access would improve his chances for future employment. NTRO had denied the information on the grounds that although the appellant had the right to get copies of his appraisal reports according to the SC decision, he had no such right under the RTI Act since NTRO was included in the second schedule of the Act. Agencies that are part of the second schedule are exempt from the RTI Act except in cases of corruption or human rights violation. Section 25 of the Act says, "Nothing contained in this Act shall apply to the intelligence and security organizations specified in the second schedule being organizations established by the central government or any information furnished by such organizations to that government provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section.'' It also lays down the condition that in case the information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the CIC within 45 days. The commission has asked the agency to give the information within 10 working days.
  5. Copied from the article here: http://m.economictimes.com/news/news-by-industry/jobs/not-happy-with-your-performance-appraisal-join-the-government/articleshow/19520037.cms: Not happy with your performance appraisal? Join the government NEW DELHI: Imagine an appraisal system where you are certain to score 9 out of 10, where you don't even need to meet your appraiser face-to-face, and where you are pretty sure your pay packet is going to be largely untouched. Such is the process that evaluates India's top bureaucrats, and it has all the ingredients that go into the making of the much-reviled Indian 'system' - red tape (literally), long delays, and of course, a generous serving of political interference. So every April, as KRAs, perks and promotions dominate the chatter in corporate hallways, this silent yet mammoth process of assessment starts in the corridors of power. The Annual Performance Assessment Report (APAR) for the last fiscal has just begun, and is expected to conclude by December. "Virtually everybody gets 9 out of 10 points. Effectively, performance and appraisal are de-linked," says KM Chandrasekhar, former cabinet secretary, in a scathing indictment of an appraisal system that he had tried to streamline without much success. Actually, APAR is the post-RTI avatar of the earlier ACR (Annual Confidential Report). Under the new system introduced in 2006, an officer gets a copy of what his superior has written about him, and if he is rated poorly, he is allowed to write a counter-note challenging the original assessment. In reality, for the appraiser and appraisee, the APAR sheet is yet another 'nada-wala' file being carried by peons from one room to another. After about five months, the file comes back to the officer under review, when he can read his boss' comments. But there are many instances of missing appraisals that delay the empanelment and promotion processes of bureaucrats. Poor Rating may Affect Promotions The empanelment is a process under which officers of the same seniority are assessed on whether they are suitable to be appointed at the level of joint secretary and above, as well as equivalent posts in the government. Once the appraisal is done, the files need to be kept safely by the cadre-controlling authorities and respective states, but a few files do disappear because of negligence or foul play. If two appraisals of an officer are missing in the previous 10 years, the average of the remaining eight years is factored in for promotion and empanelment. Also, no officer, whether from the IAS, IPS or IRS, will get any pay hike despite filling a long form with rules running into 150 pages that even describe what "state government" or "promotion" mean. Annual hikes in a Group A officer's salary are limited to the increments in dearness allowance (adjusted to inflation), and a basic salary hike happens only when they are promoted - that may even be 10 years in coming and is dependent on a number of factors, including the numerical strength of the cadre batch. Nor is there any chance that an officer will get less than 9 points on a scale of 1-10, unless he had fought with his superior. Yet, for each of the 20,000-strong Group A officers, the appraisal remains critical as a poor rating may deny them a foreign posting, and even impact any promotion that may come 10 years down the line. Even 7 out of 10 points are considered quite damaging. Chandrasekhar, who was India's top bureaucrat for four years between 2007 and 2011, says he had attempted to bring about a few changes during his tenure as cabinet secretary. He had submitted a revised system to the Prime Minister's Office, where he had suggested that the grading of an officer should not be done by his immediate boss, but by a committee of officers including recently retired officers and experts. Further, he suggested that over 20% of officers should not get an outstanding rating under any circumstances. The current process goes through three layers. A director-level officer, for example, needs to submit his self-appraisal form to a joint secretary, who is his immediate boss. After recording his comments, the JS sends the form to the reviewing authority, in this case an additional secretary. The additional secretary forwards it to the secretary, who is the accepting authority for a director-ranked officer. By the same formula, all appraisals of joint secretaries and above reach the minister's table. "I think a complete overhaul of the present system is essential and that too, without delay," Chandrasekhar adds. "If you play ball with the system, you get an outstanding rank, and also plump postings. If you raise questions, disciplinary action will follow," says former cabinet secretary TSR Subramanian, who had served under three prime ministers - Atal Bihari Vajpayee, HD Deve Gowda and IK Gujral. "Political interference in appraisal and empanelment has always been there. But it has increased 10 times during the past 10 years," Subramanian adds. Post the Sixth Pay Commission recommendations, the government initiated a plan to make the appraisal process more meaningful by proposing monetary incentives for high performers. But it has remained a non-starter. "The Performance Evaluation and Management System was introduced primarily to facilitate such qualitative measurement on the basis of which an incentive system could be built. However, this system can work only if there is strong commitment at all levels, including the political level," Chandrasekhar says.
  6. CIC has ruled that Names of reporting and reviewing officers OF ACR to be disclosed under RTI to the applicant for his own ACRs. Full order is attached to this post. Names of reporting and reviewing officers of ACR to be provided.pdf
  7. karira

    RTI turns ACR's to APAR's

    RTI turns ACRs into APARs After ACRs (Annual Confidential Reports), were ordered to be disclosed by the Gujarat Information Commission (GIC), under RTI, instead of the expected jubilation amongst ranks, most officers' preferred to wait, speculating on the government's reaction. The reaction was quite unexpected.The Centre's Department of Personnel and Training (DoPT), notified the 'All India Services (Performance Appraisal Report) Rules, 2007'. Thereby, ACRs are now APARs (Annual Performance Appraisal Report), and IAS, IPS, IFS officers, across the country would have full access to them. DoPT was earlier against disclosing ACRs. Their stand was supported by the Central Information Commission (CIC). DoPT's hand was forced by GIC's order.Government officers are after all nothing but public servants. While as citizens first, Babus find the door open to their right to know how they have been assessed, however it has its flip side too. Now the citizen too can learn how efficient these public servants are and who assessed them. Maybe Babus seeking their ACRs at GIC did not foresee this, but this possibility cannot be ignored. The wall of secrecy has now been brought down. Babus in Gujarat have unwittingly done a favour to their brethren across the country. Times of India, Ahmedabad 12.04.2007 Comments: This is real good decision in favour of citizens. Now we will know who works and who doesn't
  8. balwantparixit

    regarding ACRs

    Hello, I want to know whether the grading in the ACR of a person can be provided to third party?
  9. As reported by Chetan Chauhan in hindustantimes.com on 23 May 2011: http://www.hindustantimes.com/Citizens-rights-score-over-privacy-issues-CIC/Article1-700731.aspx Citizens’ rights score over privacy issues: CIC The Central Information Commission has ruled that annual confidential reports of government servants cannot be treated as secret, saying “citizens’ right to information has greater primacy with regard to privacy.” The government has, so far, refused to provide the annual confidential reports (ACRs) by citing the exemption provision of personal information under the Right To Information Act (RTI). The ACR evaluates the work and performance of a public servant on an annual basis. The labour ministry invoked the clause saying the information had no relation to public interest, while refusing to provide details of ACRs of 17 officials. VK Sharma of Kolkata had sought information regarding the promotion of these officers in October 2010. Information Commissioner Shailesh Gandhi, however, said that privacy is a cultural notion related to social norms and cannot be considered a valid exercise to constrain the citizen’s fundamental right to information. “Parliament has not codified the right to privacy, so far. Hence, in balancing the right to information of citizens and the individual’s right to privacy, the citizen’s right to information would be given greater weightage,” said Gandhi, in his order. Gandhi also said information such as property details, conviction or acquittal of a public servant of criminal charges, which is routinely collected by a public authority and provided by public servants, cannot be construed as an invasion of privacy. “Similarly, citizens have a right to know about the strengths and weaknesses as well as performance evaluation of all public servants,” he said, while asking Prakash Tamrakar, public information officer of the ministry, to provide the information sought. In addition, the order also said that ACRs were first treated as secret by the British, under the Officials Secrets Act of 1923. But over the years, the trend has drastically changed, with even the judiciary recognising rights of the citizens to access information to bring transparency and accountability in the functioning of the government. As per the RTI, the Officials Secrets Act (OSA) is not applicable anymore wherever citizens seek access to information, except the exemption provisions under the information law.
  10. Hello Friends, I am happy to find and join this forum. Please help me get the details of my annual confidential reports for last few years. mkbeura
  11. rajesh_rajhans

    i want reconsideration of ACR

    I couldn't be promoted to next higher grade as my ACR was not up to the mark.Is there any provision to appeal against it ? I am working with a central PSU.
  12. lrnathan

    regarding the ACR copies

    dear sir/madam, I would like to receive the copies of my ACR from the date of appointment to till date. I am an employee of Autonomous bodies under government of India (Indian Council of Medical research). How can I get the copies thru RTI. what will be the question under RTI to be asked to the PIO. thanks in advance kindly suggest me a way for me. bye L.Ranganathan
  13. A reporting officer writes the Annual performance appraisal report of an employee. After a few months, he gets transferred to a different station but the PIO of that area where the reporting officer is now working is different. My question is --if the employee wants a ask a question about his APAR--annual performacnce appraisal report (a copy of which is available with him) from the then reporting officer, to which PIO his application needs to be addressed? ---to PIO of the organisation in which the employee is working or to the PIO which covers the area in which the then reporting officer is presently posted? Personally, i feel the application should be addressed to the PIO of the area in which the then reporting officer is presently posted. And while submitting the application, can the applicant start in the following way or is there some better way ? kindly guide. Sir, So..and..so who is working as ..... While he was working as...., he initiated my APAR for the period ........and i want the following information under RTI Act regarding that APAR. By the way, my wife suggests that the RTI application in such a case should be addressed to PIO of the employee's organisation because all the records etc must be available with the employee's deptt only ---so, i am in a fix -unable to decide to whom an employee should sent the application. Could the learned members guide me in this matter? Thanks.
  14. As reported by PTI in zeenews.com on 13 July 2010: Disclosure of ACRs will endanger senior officials: ESIC Disclosure of ACRs to endanger Sr-officials: ESIC New Delhi: A government organisation has claimed that disclosure of an employee's own Annual Confidential Report to him will endanger safety of the senior officials who have given their views on it. The curious case came before the Central Information Commission after Employees State Insurance Corporation refused to disclose the ACR of its own employee A K Dawar to him under the RTI Act. Declining the request, the department cited section 8(1)(g) of the Act which exempts information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes. "It is a very sad comment on an organisation if it states that if information about the evaluation done by senior officer disclosed to the junior officers, junior officers are likely to endanger the life or physical safety of such senior officers," Information Commissioner Shailesh Gandhi noted. The Commissioner said it was a "very poor reflection" on the employees of a government department if this was the perception of employees working in these organisations. "The Commission is not in a position to judge whether employees of a particular organisation are law abiding or people who might endanger the life and physical safety of their senior officers," Gandhi said. Ordering the ESIC to disclose the ACR of Dawar, he, however, said if the public authority believes this danger to be real it may sever the names of the officers who have given the reports as per Section 10 of the RTI Act.
  15. In a significant order, CIC has now allowed the disclosure of relative assessments of candidates attached to DPC's. This was previously not allowed to be disclosed on the grounds that the assessments used by DPC's were part of (and originated from) individuals ACR's and therefore these could not be revealed to third parties. http://www.rti.india.gov.in/cic_decisions/CIC_WB_2009_000582.pdf From the above, it will be clear that the implications of Dev Dutt‘s case go beyond the question of simply conveying the grading in the ACRs notwithstanding their being favorable or adverse. On the similar principle the objective of a DPC decision cannot be to recommend promotions in a clandestine manner or behind a veil. We agree that if such disclosure is made, at a time when the DPC is under process or even when its recommendations have not been finally accepted, such disclosure could conceivably affect the competitive position of third parties. On the other hand, the relative assessment being the key to the decision of the DPC in an activity in which the comparative merits of different candidates for promotion are made with full gravity and reflection, it will surely will be the right of every candidate to know as to how he stands assessed at the time of his consideration, with the understanding that this will enable him to represent on the basis of fact and not conjecture. In light of the above, we must come to the conclusion that the relative assessment attached with the DPC cannot be held as exempt. This has become inevitable in consequence of the decision of the Supreme Court of India in Dev Dutt vs. U.O.I. (SLP No. 3114 of 2007) in light of which the earlier ruling of this Commission cited by CPIO cannot hold. Copies of the original relative assessment in the present case will, therefore, be provided to appellant Shri Babban Singh within fifteen working days of the date of receipt of this Decision Notice. Relative assessments as part of DPC to be disclosed.pdf
  16. The decision of Supreme Court to force all of the government agencies to disclose ACR to its officials is a great step forwards for transparency in government. The following four paragraphs, taken verbatim from the decision, form the summary of the court opinion. "In our opinion, every entry in the A.C.R. of a public servant must be communicated to him within a reasonable period, whether it is a poor, fair, average, good or very good entry. This is because non-communication of such an entry may adversely affect the employee in two ways : (1) Had the entry been communicated to him he would know about the assessment of his work and conduct by his superiors, which would enable him to improve his work in future (2) He would have an opportunity of making a representation against the entry if he feels it is unjustified, and pray for its upgradation. In the present case, we are developing the principles of natural justice by holding that fairness and transparency in public administration requires that all entries (whether poor, fair, average, good or very good) in the Annual Confidential Report of a public servant, whether in civil, judicial, police or any other State service (except the military), must be communicated to him within a reasonable period so that he can make a representation for its upgradation. This in our opinion is the correct legal position even though there may be no Rule/G.O. requiring communication of the entry, or even if there is a Rule/G.O. prohibiting it, because the principle of non-arbitrariness in State action as envisaged by Article 14 of 19 the Constitution in our opinion requires such communication. Article 14 will override all rules or government orders. We further hold that when the entry is communicated to him the public servant should have a right to make a representation against the entry to the concerned authority, and the concerned authority must decide the representation in a fair manner and within a reasonable period. We also hold that the representation must be decided by an authority higher than the one who gave the entry, otherwise the likelihood is that the representation will be summarily rejected without adequate consideration as it would be an appeal from Caesar to Caesar. We, however, make it clear that the above directions will not apply to military officers because the position for them is different as clarified by this Court in Union of India vs. Major Bahadur Singh 2006 (1) SCC 368. But they will apply to employees of statutory authorities, public sector corporations and other instrumentalities of the State (in addition to Government servants)."
  17. Hi I need some advice Can I seek RTI on my own ACR of 2006 when i was working for Paramillitary org? It comes under Home Ministry though the ACr was written by an Army Colonel What is the procedure? How long should i wait before innitiating legal proceedings? whom to ask for if i dont get any reply? Regards S:confused: Das
  18. As reported at Indopia.in on July 6, 2009 New Delhi, Jul 6 (PTI) The Delhi High Court today sought an explanation from the CIC over the contradictory orders passed by its Commissioners over revealing information of a confidential report of a government employee under RTI Act. "You have passed contradictory orders on the issue. You have earlier admitted some application and directed to reveal notes of ACR of an employee while some were rejected,"Justice Sanjiv Khanna said while asking the CIC to file its response. The Court passed the order on a petition filed by State Bank of India challenging CIC order asking it to disclose marks alloted to one of its employee in connection with his promotion. The Bank alleged the procedure followed by it for the promotion of an employee is confidential and it cannot be revealed under the transparency law. It pointed out that the order passed by CIC is contrary to its earlier order in which it was held that notes of Annual Confidential Report of an employee can't be disclosed. The Court, after hearing the contention, issued notice to the Commission. Source: Delhi : HC seeks response from CIC for passing contradictory orders : 616276
  19. In a Full Bench order, CIC has passed the buck regarding disclosure of an individuals ACR pertaining to himslef/herself. The CCIT (Ahmedabad) filed 2 RTI applications with the Department of Revenue, Ministry of Finance asking for: 1. Full notes sheets and all material of DPC (consisting of senior Secretaries to the Government of India) formed for selection of members to CBDT. 2. Her own ACR's for the last 10 years CPIO denied information under Sec 8(1)(e), 8(1)(i) and 8(1)(j) First Appellate Authority also concurred with the CPIO. Matter went to Second Appeal and Cabinet Secretariat as well as DoPT were also invited to comment. Matter went to Full Bench of the CIC (CIC WH, IC ANT, IC MA). Public Authority also brought up the matter that the applicants RTI application is not valid since it was made on her official letter head as a CCIT(I). Appellant mainly relied on various orders of the CIC regarding DPC minutes and the Judgement of the Hon'ble Supreme Court regarding disclosure of ACR's, irrespective of negative or positive entries therein. CIC Ordered: 1. That the application, although made on a official letter head, was valid since it was signed by the applicant herself and that the application fee was paid for by her own funds. 2. It allowed disclosure of all information related to DPC subject to severability clause in Sec 10. However, very strangely, it disallowed the disclosure of the appellants own ACR's - even though allowed by the Apex Court, review petition filed by the GOI, no stay granted by the Apex Court, etc.. - arguing: 25. In regard to the disclosure of Annual Confidential Report, it has been our view that what is contained therein is undoubtedly ‘personal information’ about that employee. Accordingly, in `Shri Gopal Kumar Vs. Maj. Gen. Gautam Dutt, DGW, Army HQ’ (Appeal No.CIC/AT/A/2006/00069 dated 13.7.2006), a Division Bench of Commission has held that ACRs are protected from disclosure because arguably such disclosure seriously harm interpersonal relationship in a given organization. Further, the ACR notings represent an interaction based on trust and confidence between the officers involved in initiating, reviewing or accepting the ACRs. These officers could be seriously embarrassed and even compromised if their notings are made public. There are, thus, reasonable grounds to protect all such information through a proper classification under the Official Secrets Act. This decision of the Commission has been followed in several other decisions also and the Commission has held that the disclosure of ACR is exempt under Section 8(1)(e) of the Right to Information Act, 2005 unless the Competent Authority is satisfied that a larger public interest warrants disclosure of such information. 26. Even in the case of Gopal Kumar supra decided by the Division Bench of this Commission, we have recognized that there are forceful arguments for a system of open assessment of employees working for an organization. But, that should be a conscious decision of the organization concerned and must be part of an overall systemic change. Till that happens, confidentiality of annual assessment of the employees of an organization should be allowed to be maintained, if that is the norm in that organization. 27. The appellant has forcefully submitted that in view of the decision of the Hon’ble Apex Court in Dev Dutt Vs. Union of India, the disclosure of ACR cannot be held to be any more exempted. However, the decision of the Hon’ble Apex Court is to be implemented by the concerned Public Authorities and in case any applicant is aggrieved with action or inaction of the concerned Public Authority, he can take up the matter with the Hon’ble Apex Court. It will not be appropriate on the part of the Commission to issue any direction or orders so as to ensure compliance of the Hon’ble Apex Court’s order as it is only for the concerned authorities to implement the same. However, as to whether there is a need to change the hitherto held view of the Commission in regard to disclosure of ACR, a Full Bench of the Commission is already considering the matter in a couple of appeal/complaint cases and the matter is, therefore, still sub-judice. At this stage, it will not, therefore, be appropriate to pass any comment in regard to this matter. The order of the CIC is attached to this post. FB-06022009-01.pdf
  20. Explain state govt stand on ACRs: HC as reported in Times of India, 12 Sep 2008, TNN HYDERABAD: Justice N V Ramana of the AP High Court on Thursday gave time to the state government till Monday (September 15) to explain its stand on the issue of furnishing copies of annual confidential reports (ACRs) to individual bureaucrats in the state. The judge told this to the government pleader for general administration department (GAD) in the Secretariat while dealing with a petition filed by a state-level Civil Service officer - K V Ramana who is fighting a legal battle against the authorities on their methods of conferring IAS status to bureaucrats like him. He not only sought the copy of his ACRs but also urged that ACRs of all other contenders for this promotion for the years of 2006 and 2007 panel years be made available to him. Government counsel K G Krishna Murthy told the court that the ACRs are personal in nature and hence the ACRs of others cannot be given to the petitioner under section 8 (1) (j) of the Right to Information Act, 2005. However, when the counsel for the petitioner, M Ravindranath Reddy told the court that the public information officer of the GAD declined to give the ACRs of the petitioner also, the judge asked as to what is the difficulty in furnishing his own ACRs to the applicant. His counsel also explained that section 8 (2) of the RTI Act says that even the ACRs of others should be given to the petitioner when it has a link with the prospects of others and vice versa. It can be recalled the Central Administrative Tribunal has recently quashed the selection committee appointed for the purpose of promoting state-level Civil Service officers to IAS for the year 2007 following a petition by the present petitioner K V Ramana. CAT held that the constitution of this committee was faulty and directed the state to reconstitute the same and start selection afresh. Explain state govt stand on ACRs: HC-Hyderabad-Cities-The Times of India
  21. As reported at www.samaylive.com on 23 February, 2009 New Delhi, Feb 23 : In a departure from its earlier stand, a full bench of the CIC has permitted disclosure of entries in the Annual Confidential Reports (ACRs) of a government employee who used RTI as a tool to access information denied to him officially. The CIC order, on the plea of a CPWD official, directed the authorities "to communicate the entries in the ACRs to the appellant for the period asked for by him in his RTI application with in a period of 10 days from the date of the receipt of this decision." The decision is in contrast to CIC's earlier stand, where it considered the ACRs to be confidential documents whose disclosures may seriously harm interpersonal relationship in a given organisation, is based on Supreme Court judgements which allowed the ACRs to be disclosed. In the Maneka Gandhi Vs Union of India, apex court has held "all entries...In the ACR whether in civil, judicial, police or any other State service except military must be communicated" to an employee which would be "conducive to fairness and transparency in public administration." In another decision, "Dev Dutt Vs Union of India and others" Supreme Court also allowed the disclosure of ACRs. The CIC, hearing the plea of CPWD engineer P K Sarin, held "the disclosure of ACRs to the concerned employee cannot, therefore, be denied in light of decision/direction of...Apex Court." Source: CPWD engineer gets access to ACR through RTI route :: SamayLive
  22. Annual confidential report of Army officer not open to RTI:CIC AS reported in Economic Times 10 Jun, 2008, 2144 hrs IST, PTI NEW DELHI: The Central Information Commission has held that contents of the annual confidential report (ACR) of an Army officer cannot be revealed under the Right to Information Act. In a decision, the apex transparency panel upheld the refusal of information relating to the ACR of all the 1972 batch engineering services officers by the Defence Ministry. "The refusal of information by the public information officer with regard to ACRs is upheld," Chief Information Commissioner Wajahat Habibullah said. The Commission, however, allowed an appeal of Brigadier Deepak Grover against the decision of Defence Ministry to deny information on his RTI plea relating to other issues like the weightage given to officers considered by the Selection Board in September, 2005. After the hearing on the matter, the Ministry's submission that disclosure of the information sought by the applicant would compromise national security was rejected by the CIC as "afterthought to evade answer than substantive ground for conducting any detriment to national security." The Ministry had earlier denied the details to Grover stating that the information was kept in fiduciary (custodian) capacity and larger interest did not warrant disclosure. Partly allowing the appeal, the Commission directed the Ministry to disclose all the details without disclosing contents of the ACRs to Brigadier Grover within 15 days. Annual confidential report of Army officer not open to RTI:CIC - Politics/Nation-News-The Economic Times
  23. vishnuprk

    PAR disclosure

    Recently I asked for PAR copies for which I got the following reply: "With regard to your request for copies of PARs under pont No(1), it is stated that the PARs are confidentila documents, the disclosure of which is barred under section 8(1), (d) & (e) of RTI 2005. You may also refer the decision taken by Central Information Commission on 23/11/2006 in this regard vide decision No. 382/IC(A)/2006. Hence it is regretted that the information regarding ACRs can't be furnished" Please help me, what should I do now?
  24. No dobout RTI india is a site where we collected for discussion on RTI. RTI act 2005 enacted under constitution of India. Some my friends voted in favour of secrecy of ACR`s. To whom I am starting this thread it will helpfull why ACR`s must be transparent. Article 14, 15,16,19 and 21 provides us so many fundamental rights. Making secret any public authority may infrindge the constitutional rights which is important part of agreement of life. No dobout majority of votes in favour of transparency in ACR`s but if one vote is against the transparency he do not know the meaning of public services. I want to discuss the issue in forum.
  25. Dear Mr. Rahul I am aware that I can not get the ACR being viewed nor ask for a copy from my employer. As per the Pormotion policy the last three years ACR are averaged (weighted) based on the performence like outstanding, v, good etc.,. My query is If no ACR is available say for last two years Can I ask the employer how the average was worked out. Though I am not asking the copy of ACR. Pl. add more opinion on the said subject. Prabhakar mv. (Email link deleted)
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