Confidential Report on CESTAT Member - Not to be given under RTI - High Court
THE petitioner asked for the file containing certain remarks of the President of CESTAT in relation to corruption charges against a Member. The CESTAT rejected the request and the matter reached the Delhi High Court.
The Delhi High Court observed that except in cases involving overriding public interest, the ACR record of an officer cannot be disclosed to any person other than the officer himself/herself.
The High Court further noted that however the CIC has not examined the issue whether larger public interest justifies the disclosure of the information sought by the petitioner in this case. This issue should have been examined by the CIC. So, the matter is remanded to the CIC for considering this issue.