The disclosure of the ACRs of third party
The appellant sought the year-wise CR /APAR grading given to the Scientific Officers by the Foreign Professor / Mentor, and by the Division Head. The CPIO refused to provide the information claiming exemption under Section 8(1)(j), 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act. He also stated that some of the information about the research work done by these officers was also available on these. He claimed that disclosing this may affect the scientific interest of the state and hence is exempt under Section 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; of the RTI Act.
View of CIC
The commission ordered for the disclosure of information and directed the PIO to give the attested copies of the ACRs after severing any information which discloses the research work and which may affect the scientific interest of the country as per the provisions of Section-10 of the RTI Act.
The ACRs of third party are also liable for disclosure under the RTI Act. However, section 10 of the act may be resorted to in case of any sensitive information.
Mr. Nitin Motilal Gandhi Vs. Bhabha Atomic Research Centre [CIC/SG/A/2011/002153/15695