FIDUCIARY EXEMPTIONS CAN'T SHIELD ROUTINE ADMINISTRATIVE DECISIONS, AS PER THE DECISION GIVEN BY PUNJAB CHIEF INFORMATION COMMISSIONER

As per decision issued by the Punjab State Information Commission, it is ruled that fiduciary exemptions under the RTI Act cannot be casually invoked to block routine administrative information. In a ruling reinforcing transparency in public appointments the Punjab state information commissioner observer that fiduciary exemptions under the Right to information Act cannot be casually invoked to shield routine administrative decision making from the scrutiny. The commission further reiterated that fiduciary exemptions are not to be misapplied to shield routine administrative actions from public scrutiny. It also referred to the judgement of the Delhi High Court, where in it is observed that an employee of a public authority is entitled to know all details concerning himself, including reasons for denial of promotion, unless specifically exempt under section 8(1) (e) or (j) . The High Court clarified that fiduciary exemptions are meant to protect information from disclosure to third parties, not from the concerned employees himself. Keeping in view the above decision of the Punjab State information commission and the referred judgement issued by the Delhi High Court no information related to the employees should be denied but it is regretted to point out that the FAA and the public Information officer of the department of public Works Himachal pradesh failed to issue point wise information asked by the department of Administrative reforms on 4-10-2023 and required to be replied under the provision made by section 19(6) of the Right to Information Act, 2005 for which directions of the FAA ignored by the public information officer concerned and FAA himself taking no cognisance of the point wise reply of point number 1,3,4 and 5 where as reply of point number 2 has been given by the Secretary of the department of public Works is proof and evidence but it is regretted for the appointments of SCIC and SIC in the state Government of Himachal pradesh and people are facing problems because of such fiduciary exemptions, where administrative decisions are kept pending by the public information officers and the FAA and section 19(6) denied for the implementation, even though and more over respective Principal Secretary public Works department taking cognisance of the section 19(6) of the Right to Information Act, 2005 and making necessary intervention in the interest of justice to common man demanding free and fair justice from the system of governance, working for the transparency and accountability in  this behalf of the charter of public accountability and administrative reforms:-- Er Fateh Chand Guleria, Director RTI, Welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377