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TMI Blog2010 (8) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... clear that seeking consent of the third party would arise only in the event the Public Information Officer is satisfied that larger public interest warrants the disclosure of such information. In the instant case, the Public Information Officer including the respondent No. 1 State Information Commission has not expressed its satisfaction in favour of disclosure on account of larger public interest. Thus, provisions of Section 11 of the Act, 2005 would not be applicable. Appeal dismissed. - Writ Petition C No. 3015 of 2008 - - - Dated:- 3-8-2010 - Satish K. Agnihotri, J. Shri Parag Kotecha, Advocate, for the Petitioner. Shri P.K. Bhaduri, Panel Lawyer, for the Respondent. ORDER Heard. 1. Challenge in this petition is to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, Mahasamund and the order-in-appeal passed by the Inspector General of Police, dismissed the second appeal, thus this petition. 3. Shri Kotecha, learned counsel appearing for the petitioner would submit that the information sought for by the petitioner has not been granted to him on the ground that under the provisions of Section 8(1)(d) of the Act, 2005, the documents as required by him, cannot be granted. However, there is no such bar in providing certified copy of the answer sheets. The aforesaid provision is not at all attracted in this case. The respondents ought to have sought consent of the Constables i.e. third party for disclosing the information of their answer sheets. 4. Shri Kotecha, would further submits that the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A wherein only the Constables working in the department were allowed to appear and not the general public. 7. Section 8(1)(d), (e) and (j) of the Act, 2005 reads as under : 8. Exemption from disclosure of information. - (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, - xxx xxx xxx xxx xxx xxx (d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; (e) information available to a person in his fiduciary relationship, unless the competent authority is sat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... non-obstantive clause as it begins with the word Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, under clause (d) of Section 8(1) of the Act, 2005. All the informations including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party are exempted from disclosure, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information. 9. The petitioner has sought disclosure of answer sheets of some of the constables which comes within the purview that the disclosure of the same would harm the competitive position of the third party interest. Thus, I do not foun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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