9911796707
TMI Blog2010 (8) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner made an application on 13-7-2007 (Annexure P/l) to the Inspector General of Police, Police Headquarter, Raipur, seeking for answer sheets of Constables who appeared in the departmental promotion examination (written) held on 29-4-2007. The same was referred to the Superintendent of Police, Mahasamund. The Superintendent of Police, by order dated 24-7-2007 declined to supply the information to the petitioner on the ground of exemption contained under the provisions of Section 8(1)(d) of the Right to Information Act, 2005 (in short "the Act, 2005"). Being aggrieved, the petitioner preferred a first appeal to the Inspector General of Police, Raipur Region, Raipur. The first appeal was also dismissed on the same ground holding t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thus, refusal to submit information with regard to answer sheets of candidates appearing in the departmental promotion examination is not covered under any provisions of exemption clause as enshrined in Section 8 of the Act, 2005. 5. Per contra, Shri Bhaduri, learned Panel Lawyer appearing for the State/respondent No. 2 and 3 would submit that the petitioner, on his own has come to a conclusion that some fraudulent activities have taken place in promotion of Constables to Head Constable 'A' without any basis. Under the provisions of Section 8(1)(d) of the Act, 2005, the petitioner was rightly not given the copies of answer sheets of the Constables who appeared in the written examination. Even otherwise, the provisions of Section 8(1)(e) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central 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. xxx xxx xxx" 8. On perusal of the pleadings and documents, there is no quarrel that any person may make request in writing or through electronic means in English or Hindi to obtain information and the information request cannot be turned down on the ground that he was a stranger to the documents or he has not disclosed the reasons for the said information under provisions of Section 6 of the Act, 2006. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isclose information on record. In the case on hand, no consent of the third party was sought before declining the disclosure of the above stated information. On bare perusal of Section 11 of the Act, 2005 makes it clear that seeking consent of the third party would arise only in the event the Public Information Officer is satisfied that larger public interest warrants the disclosure of such information. In the instant case, the Public Information Officer including the respondent No. 1 State Information Commission has not expressed its satisfaction in favour of disclosure on account of larger public interest. Thus, provisions of Section 11 of the Act, 2005 would not be applicable. 11. For the reasons mentioned hereinabove, there is no merit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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