Delhi High Court Upholds CIC Order Denying Information To Navy Commander On ACR Marks, Promotion Merit Lists
Live LawThe Delhi High Court has observed that information relating to Annual Confidential Reports and senior personnel of Indian Navy would not be liable to be disclosed under the Right to Information Act, 2005. Justice Prathiba M Singh upheld an order passed by Chief Information Commission rejecting an RTI application filed by a commander in the Indian Navy. Upholding the order passed by CIC, Justice Singh observed: “In the opinion of this Court, the information sought in the present petition would not be liable to be disclosed, owing to the nature of the information i.e., relating to senior personnel in the Navy. The CIC’s order does not warrant any interference.” The decision of CIC was earlier upheld by First Appellate Authority of the Ministry of Defence on May 21, 2019 observing that it is in the interest of the Armed Forces and the nation that the merit list is not known to an individual officer because if the merit lists are divulged after every Promotion Board or Selection Board, the officer who is amongst the last to make it in the PB shall be demotivated as they will come to know that it is unlikely for them to get promoted to the next higher rank.