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2012 (4) TMI 424 - DELHI HIGH COURTRTI Application denied for want of information about some adverse entries allegedly made in the Annual Confidential Report of Ms. Jyoti Balasundram, Member/CESTAT by the President of the CESTAT for the year 2000-01 and follow-up action thereupon - Held that:- Since the petitioner wanted information contained in personal files relating to ACRs, this information was of personal officers viz-a-viz person who is not an employee of the Government of India and seeking such an information as a matter of public was accordingly treated as “third party information” - when “third party” information regarding ACRs was sought, the procedure outlined under Section 11(1) under RTI Act had to be followed i.e. opinion is formed by the CIC that the disclosure of information would be in public interest - the procedure under Section 11(1), which is mandatory has to be followed which includes, giving of notice to the concerned officer information whose ACR is sought for and if that officer pleads private defense that defense has to be examined while deciding the issue - the learned Single Judge has rightly held that except in cases involving overriding public interest, the ACR record of the officer cannot be disclosed - Since the matter was not looked into by the CIC, the learned Single Judge remitted the case back to the CIC – appeal rejected.
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