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2012 Supreme(Del) 1074

RAJIV SAHAI ENDLAW
R. K. JAIN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. Prashant Bhushan, Advocate.
Ms. Maneesha Dhir with Ms. Geeta Sharma, Advocates.

JUDGMENT

RAJIV SAHAI ENDLAW A.K. SIKRI (ACTING CHIEF JUSTICE)

1. The appellant is seeking information under Right to Information Act, 2005 (hereinafter referred to as „the RTI Act?), which has been denied to him by all the Authorities below including the learned Single Judge of this Court. To put it crisply, at this stage itself, the appellant wants 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. The CPIO of CESTAT refused to divulge any information on the ground that it was exempted under Section 8(1)(i) of the RTI Act.


2. The writ petition filed before the learned Single Judge has been decided vide orders dated 08.12.2011 whereby the learned Single Judge held that the information sought by the appellant herein is “the third party information” wherein the third party may plead a „privacy? defence and the proper question would be as to whether divulging of such an information is in the public interest or not. Thus, the matter has been remitted back to the Chief Information Commissioner to consider this issue after followi





























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