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2008 (11) TMI 330

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..... marks obtained by the last candidate who was found suitable to be promoted - Respondent No. 2 has sought information in respect of his grading by the Competent Authority. Such information is not personal information as the information sought is in respect of right of the petitioner to be considered for promotion in accordance with Rules. The personal information can be said to be information rela .....

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..... n, directing the petitioner to disclose information in respect of marks obtained by respondent No. 2 in written test; interview as well as marks obtained by the last candidate who was found suitable to be promoted. The petitioner has been further directed to disclose to respondent No. 2 his annual confidential reports. 2. It is pointed out by the petitioner that information sought by the petitio .....

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..... etitioner is a state within the meaning of Article 12 of the Constitution of India and is bound to act fairly and to consider all the eligible candidate for promotion in accordance with the Rules and guidelines framed. It appears that the grievance of respondent No. 2 is that he has been wrongfully ignored from promotion and therefore he has sought information in respect of marks obtained in writt .....

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..... of grading of a candidate. Therefore, we do not find any merit in the arguments raised by the petitioner that under Section 8(1)(j) of the Act, such information cannot be supplied. The argument that information sought is part of vindictiveness of respondent No. 2 is not tenable. The information sought is in respect of marks obtained which cannot be said to wanting in bona fides in any manner. 6 .....

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