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2013 Supreme(Del) 1334

V.K.JAIN
Union Public Service Commission – Appellant
Versus
G. S. Sandhu – Respondent


Advocate Appeared:
For the Petitioner:Naresh Kaushik, Ms. Aditi Gupta, Vardhman Kaushik, Advocates.
For the Respondents:Subhiksh Vasudev, Praveen Singh, Advocates with in person.

Judgment :

V.K. Jain, J.

1. The issue involved in these petitions as to whether the copies of office notings recorded on the file of UPSC and the correspondence exchanged between UPSC and the Department seeking its advice can be accessed, by the person to whom such advice relates, in RTI Act or not. The respondent in W.P(C) No.4079/2013 sought information from the CPIO of the petitioner – Union Public Service Commission (hereinafter referred to as “UPSC”), with respect to the advice given by the petitioner – UPSC to the Government of Maharashtra in respect of departmental proceedings against him. The CPIO having declined the information sought by the respondent, an appeal was preferred by him before the First Appellate Authority. Since the appeal filed by him was dismissed, the respondent approached the Central Information Commission (hereinafter referred to as “the Commission”) by way of a second appeal. Vide impugned order dated 1.5.2013, the Commission rejected the contention of the petitioner – UPSC that the said information was exempt from disclosure under Section 8(1) (e), (g) & (j) of the Right to Information Act (the Act) and directed the petitioner to disclose the file not

































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