H S RAINAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THE petitioner is an employee of the National Insurance Company and has filed a few writ petitions, all subjudice, against the said Company and its Officers, seeking various reliefs including his promotion to a higher post. During the course of arguments, he filed a Civil Miscellaneous Petition bearing No: 1479 of 1987, praying that he may be allowed to inspect some record, details whereof have been given therein by him, which record has been produced by the respondents in the court, so as to enable him to find out the correct position of his case and the manner in which the respondents accorded consideration to his promotion case alongwith other eligible officers, and the reasons for his non -promotion. Earlier in 1985, he had filed another Civil Miscellaneous Petition making an allegation therein that the respondents were tampering with the relevant record, and the court had directed for the production of the said record in the court and consequent thereupon the record was produced which is, however, under the lock and key of the respondents. According to the petitioner the, said record pertains to promotion of respondents 3 to 5 in writ petition No: 432 of 1982 as also to the appeal and representation filed by him against such promotions and the constitution of the committee which considered them including the case of his categorisation and the material before it at that time and Other such matters relevant for consideration, while making the promotions. By this order, I am disposing of the said application.

(2.) THE respondents resisted the application of the petitioner for inspection of record, inter alia, on the ground that it was not in the public interest to disclose the same to him which, according to them, was of confidential nature. They claimed privilege against it Under Section 123 read with section 124 of the Evidence Act. They are, however, prepared to show the record to the court, if so required.

(3.) I have heard the learned counsel for the parties They have placed reliance on AIR: 1982: SC; 149; AIR; 1987; SC 1554; AIR: 1970: J&K, 57 and AIR: 1971: J&.K: 108.