Tuesday, December 28, 2010

Re: [HumJanenge] COMPLAINT: Frequently asked RTI questions on RTI (CS Divn)

Friends, probably the official secrets act, 1923  has no validity as far as rti act is concerned.  So also the paragraph under 8(j) subsequent (within the paragraph) provides that  " Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person".  As far as  adverse confidential entries are made in the service registers in whatever form, the principles of nagtural justice well recognised in the Courts, mandates that this adverse entries must be communicated to the affected person, to give him an opportunity to correct himself.   However, if a confidential entry in the service register contains a good, begtte or best or of any such nature need not be communicated.  Regards, dwarakanathdm
 Please refer rule 22 of rti actOn Tue, Dec 28, 2010 at 1:16 PM, sroy 1947 <sroy1947@gmail.com> wrote:
1) Jt-Director Admin/Persmin/Website Administrator
2) Nodal officer /CS/Persmin

Dear Sirs


I refer to the following link on the website

I am puzzled by the answers to the queries therein, and seek your specific clarification if such dissemination is still the official
position of the Persmin in view of the Supreme Court decisions on these issues.

Sarbajit Roy
Convenor/FORE (Federation of RTI E-groups)

Relevant extract / impugned.

"1 About Assistants, Section Officers and Under Secretaries of CSS in last 3 years  in whose case the Competent Authority  has decided to retain the adverse remarks of "Doubtful Integrity" after the completion of all formalities. What major /minor penalty has been recommended in all such cases? How many such cases of dismissal from service have been recommended by CVC.
Under Section 8(j) of the provision of the RTI Act,2005, information which has no relationship to any public activity  or interest, or which could cause unwarranted invasion of the privacy of the individual is exempt from disclosure. Hence the information sought cannot be disclosed under the said provision of the RTI Act.

2 Grading by Reporting officer, grading by Reviewing officer and counseling or adverse remarks if any for particular number of years of ACR of the applicant  alongwith date of completion of ACR by Reviewing officer. 
In the light of O.M.No. 10/20/2006-IR dated 21st September, 2007 regarding disclosure of ACR under  the RTI Act,2005, the public authority is not under obligation to disclose ACRs of any employee to the employee himself or to any other person in as much as disclosure of ACRs is protected by clause (j) of sub-section (1) of Section 8 of the RTI Act and an ACR is a confidential document disclosure of which is protected by the Official Secret Act,1923."

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