Court affirms disclosure of promotion marks under RTI Act, emphasizing fairness in selection process. The Court upheld the Central Information Commission's order directing the disclosure of marks and annual confidential reports under the Right to ...
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Court affirms disclosure of promotion marks under RTI Act, emphasizing fairness in selection process.
The Court upheld the Central Information Commission's order directing the disclosure of marks and annual confidential reports under the Right to Information Act, 2005. It emphasized the petitioner's obligation to act fairly in considering candidates for promotion, in line with constitutional principles. The Court ruled that the information requested was not personal but essential for fair promotion consideration, dismissing the petitioner's arguments against disclosure. The judgment affirmed the Commission's decision as valid and necessary for ensuring transparency and fairness in the promotion process.
Issues: Challenge to order of Central Information Commission directing disclosure of marks and annual confidential reports under Right to Information Act, 2005.
Analysis: The petitioner challenged an order of the Central Information Commission directing the disclosure of information regarding marks obtained by a candidate in a written test, interview, and the last candidate promoted, along with annual confidential reports. The petitioner argued that the information had already been communicated earlier, and the request was made with a vindictive attitude to involve the Bank and its Officers in litigation. The petitioner contended that personal information, including marks obtained by a candidate, cannot be disclosed under Section 8(1)(j) of the Right to Information Act, 2005.
The Court held that the petitioner, being a state entity, is obligated to act fairly and consider all eligible candidates for promotion in accordance with rules and guidelines. The petitioner's decision-making process must adhere to the principles of fairness as per Articles 14 and 16 of the Constitution of India. The Court noted that the information regarding interview marks had already been disclosed, indicating that such information could be provided to the candidate. The request for grading information by the Competent Authority was not considered personal information but rather related to the candidate's right to be considered for promotion according to the rules. Therefore, the argument that Section 8(1)(j) of the Act prohibited the disclosure of such information was dismissed. The Court found no merit in the petitioner's claim that the request was made out of vindictiveness, emphasizing that the information sought was regarding marks obtained and did not lack bona fides.
In conclusion, the Court dismissed the petition, upholding the Central Information Commission's order for disclosure of the requested information. The judgment clarified that the information sought was not considered personal but relevant to the candidate's right to fair consideration for promotion, in line with constitutional provisions.
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