2013 (3) TMI 272

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....ER Both the parties were present during the hearing and made their submissions. 2. The Appellant had sought the copies of the relevant papers concerning the appointment of a particular judge as the President of the CESTAT. These papers included both the file noting and the correspondence. He had also wanted to inspect the relevant records. The CPIO had allowed him inspection and provided him the....

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....nt had been selectively disclosing such information in several other cases and, therefore, had no ground to discriminate against him. Finally, he argued that since the CPIO had already disclosed part of the Cabinet papers concerning this case, there was no possible reason why the remaining part should not be disclosed. In response, the CPIO pointed out that the department had gone to the High Cour....

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....pointment to any individual office in the government, the act of appointment can be said to be over once the government issues the appointment order and the person joins the office. In the present case, the appointment order has been issued in favour of the judge concerned. Therefore, it cannot be anybody's case that the decision of the ACC is not complete or over. Thus, there is every reason now ....

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....ft to the discretion of the public authority concerned. He prayed to the Commission to pass orders on merit. There is no doubt that, on merit, there is no reason why the desired information should not be disclosed now that the decision of the ACC has been already implemented and the matter is complete and over. The information should also be disclosed because part of the Cabinet papers, namely, th....