Photocopies of diary of Sh. SR Sharma with name of place where he stayed during his tour denied u/s 8(1)(e) - CIC: documents like log books, diaries etc. maintained in the discharge of official duty can't be considered to be held in fiduciary relationship
1- Philately exhibition was held on 08/12/2011 as Hisar. Kindly supply the following information /photo copies in this regard.
a. Photocopies of the snaps and CD taken on the occasion of this exhibition.
b. List of prizes purchased with bills on this occasion for distribution to the staff and public members who participated in this function.
c. Photocopies of entries made in stock register in respect of these prizes/items purchased from the market.
2- Intimate the sanctioned staff of PA cadre of Tohana Mandi Post Office. Shortage of PA remained in Tohana Mandi Post Office since April 2011 to till date with details of staff deputed in this post office as being it Arrow Project Post Office in case of shortage along with the period of deputation may please be given.
3- Photocopies of the diary of Sh. Sadhu Ram Sharma SPO’s Hisar from April 2011 to March 2012 with name of place were sh. Sadhu Ram Sharma stayed during his tour to the touring places in the division may please be supplied.
Grounds for the Second Appeal: The PIO has not given complete information.
Relevant Facts emerging during Hearing: The following were present
Appellant: Mr. Tulsi Dass Malhotra through VC
Respondent: Mr. S R Sharma CPIO through VC
The appellant contended that he has been provided misleading information in response to query 1 & 2 of his RTI application dated 09/04/2012 and the information sought under query 3 has Page 1 of 2 been denied. The CPIO stated that in order to remove all doubts from the mind of the appellant regarding the correctness of the information provided he can either inspect the relevant records or an appropriate declaration can be furnished to him. As regards query 3 (viz. photocopies of diary) the CPIO stated that the information is held under fiduciary relationship and exempt under Section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act. The appellant argued that the diary is an official document and the authority denying the information must show satisfactory reason as to how the fiduciary relationship comes into play, sans this consideration the information cannot be withheld. He further stated that as regards query 1 & 2 all he needs is a declaration confirming that no gold coin or any other gift has been given either to the PMG or to her mother. The CPIO stated that he will provide the declaration as above and also a copy of the diary.
Decision notice: The traditional definition of a fiduciary is a person who occupies a position of trust in relation to someone else, therefore requiring him to act for the latter's benefit within the scope of that relationship. In business or law, we generally mean someone who has specific duties, such as those that attend a particular profession or role, e.g. doctor, lawyer, financial analyst or trustee. All relationships usually have an element of trust, but all of them cannot be classified as fiduciary. Information/documents like log books, official diaries etc. maintained in the discharge of official duty cannot be considered to be held in fiduciary relationship. As agreed by the CPIO the information as above should be furnished to the appellant within 15 days from the date of receipt of this order. The appeal is disposed of accordingly.
Citation: Mr. Tulsi Dass Malhotra v. Department of Posts in File No. CIC/BS/A/2012/001650/3780