FIDUCIARY EXEMPTION CANNOT DENY AN EMPLOYEE ACCESS TO INFORMATION CONCERNING HIMSELF-- DELHI HIGH COURT DECISION TOO ADOPTED BY CHIEF INFORMATION COMMISSIONER PUNJAB.

Since empowerment of the Right to Information Act, 2005 to date at this juncture, it is necessary to clear some misconceptions about the RTI Act, as the Act provides access to the all informations that is available and existing. This is clear from a combined reading of Section 3 and the definitions of information and right to information under clause (f) and (j) of the section 2of the Act. If a public authority has any information in the form of data, or an analyzed data, or abstracts or statistics, an Applicant may access such information, subject to the exemption in section 8 of the Act, But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of public authority, the act does not cast an obligation upon the public authority, to collect or collate such non available information and then furnish it to an appellant. A public authority is also not required to furnish information which require drawing of inference and/or making of assumptions. It is also not required to provide advice or opinion to an Applicant, nor require to obtain and furnish any opinion or advice to an Applicant. The reference to opinion or advice in the. definition of information in Section 2(f) of the Act,, only referes to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntarily and should not be confused with any obligation under the RTI Act. It is particularly mentioned here that said guidelines issued by the DoP&T memo number 1/18/2011-IR dated 16-9-2011 however now it has been decided by the Punjab State information Commission that fiduciary exemptions under the RTI act cannot casually invoked to block routine administrative information and the Chief Information Commissioner Shri Inderpal Singh passed the order on an Appeal over withheld appointment order under PCS Register A-2. Applicant sought copies of PPSC recommendations, legal advice, file inspection and the action taken on his representations . The Commission directed disclosure of records and file inspection within 30 days and cited Delhi High Court ruling in State Bank of India vs Mohd Shahjahan, saying fiduciary exemption cannot deny an employee access to information concerning himself:-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377