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DPC proceedings not to be disclosed


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  • 1 month later...
  • Administrators

In the followup, the commission stated in it's Decision No.382/IC(A)/2006

F. No.CIC/MA/C/2006/00237, Dated, the 23rd November, 2006

 

In a number of decisions, the Commission has held that ACRs are confidential documents, the disclosure of which is barred u/s 8(1) (d) & (e) of the Act. However, the proceedings of DPCs should be put in public domain after due

application of section 10(1) of the Act.

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The process of DPC is a decision making process and the decision arrived is based on some facts. In terms of RTI and as confirmed by CIC, it should be disclosed to take away chances of mal practises.

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  • Administrators

A decision which says that DPC minutes should not be disclosed. :confused:

 

 

In a number of cases, this Commission has decided that DPC minutes are exempt from disclosure. To this extent I uphold the decision of the CPIO and the AA. However, this exemption is not available in giving a list of recommended candidates.
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  • 8 months later...
  • Super Moderator
karira

In a recent decision, on 3rd August 2007, CIC has ruled that DPC proceedings have to be disclosed BUT ACR's, which might be evaluated by DPC, need not be disclosed.

 

Please see:

 

http://cic.gov.in/CIC-Orders/Decision_03082007_04.pdf

 

The Central Information Commission in a series of decisions has already

issued directions with regard dealing with disclosure of information of DPC

meetings under the RTI Act, 2005. In the case of Sh VK Dalal vs Deputy

Accountant General, Appeal No CIC/AT/A/2007/00298 of 21 May, 2007 we have

decided as follows:

“There are decisions of the Commission about disclosure of the

DPC proceedings (in the case of (i) Gopal Kumar Vs Army HQ;

Appeal No. CIC/AT/A/2006/00069; Decision dated13.07.2006 (ii)

SK Sarangi Vs CBEC; Appeal No CIC/AT/A2006/0470; Decision

dated 9.01.2007 and (iii) BL Sinha Vs Ministry of Company Affiars;

Appeal No. CIC/AT/A/2007/00256; decision dated 03.05.2007). It

has bben decided in the past appeals that the DPC proceedings

shouled be disclosed to an applicant who might ask for the same,

while the Annual Confidential Reports, which might be evaluated by

such DPC, need not be disclosed”

As per Sec 19 (7) of the RTI Act “The decision of the Central Information

Commission or State information commission shall be binding.” The CPIO,

UPSC is, therefore, directed to adhere to these directions in dealing with

requests for information with regard to DPC.

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  • 2 months later...

There is no reason why the DPC proceedings should be exempted from disclosure.

After all it is a discreet exercise based on rules and facts. if the mamders act rationally without any bias there is no cause for them to worry or fear.

I think all such proceedings should be posted on the official website or departmental notice board

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This is very good thread started by Karira. On viewing the posts on the subject it is clear that CIC is not devoted to RTI. I am sorry to say that the issue which needs favour of CIC is being favoured by Ministry of Law.

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vashisthvivek

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???

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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.

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  • 5 months later...

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.

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  • 3 weeks later...
vashisthvivek
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.

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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.

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vashisthvivek

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.

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Can any learned member may kindly consider to send the draft of petition under section 18 of RTI act for lodging complaint with the CIC. Judicial department of west Bengal Government has accepted the fee of Rs. 300/- for supplying some infirmation.but now when the money has been deposited in RBI, I am running for the information from pillar to post but none appears to be bothered.

adil

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  • Super Moderator
karira
kindly post the relevant decisions of all the commissions for the knowledge of the members.

adil

 

These are available as attachments to different posts in the thread:

 

http://www.rtiindia.org/forum/118-disclosures-annual-confidential-reports-acr-comes-under-official-secret-act.html

 

Can any learned member may kindly consider to send the draft of petition under section 18 of RTI act for lodging complaint with the CIC. Judicial department of west Bengal Government has accepted the fee of Rs. 300/- for supplying some infirmation.but now when the money has been deposited in RBI, I am running for the information from pillar to post but none appears to be bothered.

adil

 

adil, if it is the West Bengal Government, you will have to complain to WB SIC and not to the CIC.

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  • 3 years later...
Ravi Maheshwari

The nomenclature ACR is no more in existing and now it is being termed as APAR (Annual Performance Appraisal Report). The APAR has to be shown to the employee reported upon, once it is completed in all respects. Thus, APAR is no more confidential. I am not aware if all Departments of GOI have implemented new system. The point which I wish to make here is, whether upon introduction of new system, the whole DPC proceedings including APAR (i.e. ACR) can be disclosed.

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smnislam

it is now clearly established that dpc proceedings have to be disclosed without the details of apar of all the candidates. it should be acceptable to all

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