It now appears that the
CIC has forgotten its own exhaustive full bench decision cited above.
In a recent decision in respect of a departmental examination conducted by BSNL, the IC Prof M M Ansari has once again ruled that :
"The disclosure of such documents is, therefore, barred u/s 8(1)(e) of the Act."
Access to the answer sheet was denied by the Commission on the above ground. However the Commission felt that there was enough ground to inspect the answer sheets by itself, did so, and came to the conclusion that the allegations of the appellant are not justifiable and disposed of the appeal.
Net result is: Even in departmental examinations, access to evaluated answer sheet has been denied on the grounds of fiduciary relationship.
The full decision can be viewed at:
Decision No. 1087/IC(A)/2007 dated 31/07/2007 on Complaint from Shri. Mukesh Chand Gupta Vs Bharat Sanchar Nigam Limited