Govt staff can access ACR under RTI: HC

In what will lessen the government's stranglehold on information
related to employee performance, the Punjab and Haryana High Court
has held that an employee is entitled to access his annual
confidential reports (ACRs) under the RTI Act.

Coming out with a recent order of major import for scores of Punjab
government employees and other public servants, the division bench,
comprising justice MM Kumar and justice Sabina, agreed with the
ruling of the full bench of the Punjab State Information Commission
that an employee couldn't be barred from accessing his ACRs under
RTI. Such information was of paramount importance for an employee if
he wanted to improve upon existing levels of performance and as such
its non-disclosure could seriously compromise canons of excellence,
the bench had observed.

The order came in the wake of a petition filed under Article 226 of
the Constitution by the state of Punjab challenging the order, dated
November 5, 2007, passed by the state information commission.

The commission, through this impugned order, held Faquir Chand
Sharma, a public works department (B&R) employee, was entitled to the
information related to his ACRs under the RTI Act.

It had further directed the department to deliver copies of ACRs for
the period from April 1, 2000 to March 31, 2006 within a period of 15
days.

Incidentally, the department authorities had declined Sharma's
request saying the information was confidential and was exempted from
disclosure under Section 8 of the RTI Act.

Wealth of IAS is covered under RTI

Gujarat Global News Network, Ahmedabad, 2008-06-11 15:58:39

In a significant decision the Gujarat Information Commission has
allowed access to annual property returns (APRs) of government
officers to any citizen under the Right to Information (RTI) act.

The ruling came after activist Harinesh Pandya sought details under
the RTI of property of IAS officer Rajiv Gupta. Pandya wanted to know
the details of Gupta's property since he assumed office. He had also
sought to know the source of income for acquiring the property and
whether any of property was sold. The Public Information Officer had
refused to disclose the details on the ground that the information was
available with them in "fiduciary relationship" and there was no
larger public interest warranting disclosure.

Pandya filed appeal before the GAD and the appellate authority too
upheld the PIO's decision. However the GIC noted that CIC's decisions
on property disclosure were to bring transparency. But it directed the
GAD to inform Gupta that the details of his property are being
disclosed and to hear him.

Armed Forces-officer's ratings

The Central Information Commission has allowed disclosure of approach papers and notings that are placed before the review selection board of the defence services.

The notings, which include comments by superiors on officers being
considered by the board, have been treated as confidential so far.

In the light of the CIC order, there could be a spurt in RTI
applications as well as litigation by disgruntled officers who might
differ with a poor rating. The information commission has ordered that
the documents be made public within 10 days.

In his order, which adds up to defence officers accessing papers
relating to their promotions, chief information commissioner Wajahat
Habibullah reasoned that since reports relating to government's
department promotion committees (DPCs) were exempted under the RTI
Act, the documents demanded by the appellant should be disclosed.

CIC had earlier ordered that proceedings of the DPCs, except those
relating to annual confidential reports, be made public.

In recent times, this has led to a flurry of applications from
government officials, in many cases disgruntled, keen to know why they
were bypassed for a promotion that they were hoping for.

Lucknow resident Col (retd) Inder Paul had appealed to the armed
forces medical services (AFMS) - the medical wing of the defence
forces - for approach papers related to review selection board
meetings held on January 14 and August 8, 2003.

The appeal was rejected by the first appellate authority on the
premise that disclosure of the DPC would lead to disclosing of ACRs
that was barred. Paul's second appeal was also rejected on similar
grounds following which he approached the CIC.

In the order, the CIC said that the documents should be given to Paul
within 10 days. It, however, directed the ministry of defence to put
forth any objections on record within the time limit since the
ministry was not party to the hearing and has so far not been allowed
to voice its opinion or consider the matter.

http://timesofindia .indiatimes. com/India/ Forces_to_ disclose_ officers_ ratings/articles how/3054940. cms

Employees emoluments

: Information pertaining to monthly remuneration of
employees of public departments, besides the system of compensation
comes under the ambit of the RTI Act, the Central Information
Commission (CIC) has said.

"As per the Right to Information Act, the monthly remuneration
received by each of the officers and employees including the system of
compensation as provided in its regulations should be put in public
domain," Information Commissioner M M Ansari said.

The Commission gave the ruling while hearing an appeal of Delhi
resident Vishu Bhagwan Sharma, who had sought salary details of an
employee in the Department of Posts.

In his appeal before the apex transparency panel, Sharma said the
department had denied him the information pertaining to the salary of
an employee.

He had sought disclosure of salary and compensation of an employee,
who was identified in his RTI application.