9911796707
TMI Blog2010 (2) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... d or known to the person concerned. This applies to the relationship that exists between a patient and a Doctor, a lawyer and a client etc. We do not find any application of this provision in relation to the information sought by an employee about other co-employees of the same employer. We do not think the Confidential Reports of the employees maintained by the appellant can be treated as records pertaining to personal information of an employee, the publication of which is prohibited under Section 8(1)(j) of the Act. We, therefore, concur with the findings of the learned Single Judge on this issue. w.p. dismissed. - WA.No. 2781 of 2009 - - - Dated:- 17-2-2010 - Mr. P. R. Raman And C. N. Ramachandran Nair,JJ. For the Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant and in the third appeal challenge is against direction to give copies of certain documents in domestic enquiry proceedings conducted by the appellant in respect of one of it's employees. We have heard counsel appearing for the appellant, Standing Counsel appearing for the State Information Commission and counsel appearing for the first respondent in all the appeals. 2. While counsel for the appellant has claimed immunity based on Section 8(1)(e) and 8(1)(j) of the Right to Information Act, 2005 and relied on judgment of this court in PUBLIC INFORMATION OFFICER AND ANOTHER VS. STATE INFORMATION COMMISSION AND ANOTHER in W.P.(C) No.9445/2009 dated 28.10.2009, counsel appearing for respondents relied on decision of the Calcutta Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available with the person in his fiduciary relationship with another. Information under this head is nothing but information in trust which but for the relationship would not have been conveyed or known to the person concerned. This applies to the relationship that exists between a patient and a Doctor, a lawyer and a client etc. We do not find any application of this provision in relation to the information sought by an employee about other co-employees of the same employer. Therefore, the claim of immunity by the appellant under Section 8(1)(e), in our view, was rightly rejected by the learned Single Judge and we, therefore, uphold the finding of the learned Single Judge. 4. The next question to be considered is whether the information ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of co- employees of the first respondent all of whom are Scientists. Confidential Reports are essentially performance appraisal by higher officials which along with other things constitute the basis for promotions and other service benefits. Counsel for the State Information Commission has produced a Government of India Office Memorandum dated 14.5.2009 by which the Confidential Reports have been taken away and in their place what is authorised to be maintained is annual appraisal reports. According to Standing Counsel for the Information Commission, the Confidential Reports are no longer personal documents or private documents and all the employees are entitled to know the details of the same. Counsel appearing for the first respondent sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
