2008 (12) TMI 543

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....ks secured by the applicant during the last four years, if any, for the performance. 2. The applicant was considered for promotion as Security Officer from Middle Management Grade Scale-III (for short 'MMGS-III') to Senior Management Grade Scale-IV (for short 'SMGS-IV') in the promotion year 2006-2007. The applicant sought the following information on 20-6-2007 under the Right to Information Act, 2005 (hereinafter referred to as 'the Act') :- "1.    The policy/criteria adopted by the Bank for inclusion in the zone of Selection and promotion of Security Officers from MMGS-III to SMGS-IV for the promotion year 2006-2007. 2.      For the sake of transparency, please advise me the score of my last....

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...., the shortcomings can be assessed only in reference to other eligible candidates. The marks obtained by the applicant or other candidates would lead to disclosure of the shortcomings, if any, suffered by the applicant during the process of selection. Thus, the directions given by the Central Information Commissioner to disclose the marks obtained by the applicant and other candidates under the various heads, is the one which has been sought by the applicant by way of his application under the Act. 6. Before considering the argument raised by the petitioner claiming exemption from disclosure of information, reproduction of the relevant provisions is necessary. Section 2. Definitions - In this Act, unless the context otherwise require....

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....sp;      information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the Appellate Authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. 7. Firstly, we will consider the argument of the petitioner in respect of exemption falling within the scope of Section 8(1)(e) of the Act. The exempt....

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....nformation which comes to public authority on account of fiduciary relationship. A juristic entity such as the public authority carries out its affairs in accordance with established procedures. In normal circumstances, all orders, commands, directions, affairs and actions are expected to be written. Similarly, a public authority will act on information received in writing. It is needless to say that the information effecting the sovereignty and integrity of India by the security forces etc. is not part of Clause 'e', as such information is part of Clause 'a' itself. Therefore, it is apparent that the information available to public authority cannot be said to be information available to a person in his fiduciary relationship. 8. The ....