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  1. #1
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    denial of information under the provisions of Section 8(1)(e) of RTI Act 2005


    I have applied for information about the 'additional work' given to Hindi Translators of Department of Posts, but the PIO rejected the information quoting the above rule. Is my question comes under this Rule? and whether to know about the nature of works given to officials posted for exclusive work like official language implementation does not possess any public interest, and to be rejected like this?



  2. #2
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    Default Re: denial of information under the provisions of Section 8(1)(e) of RTI Act 2005


    Under Sec. 4 (1) (b) (ii) of the Act every PA is duty bound to publish " (ii) the powers and duties of its officers and employees". Therefore the contention of the Department that such information is exempted under Sec 8(1)(e) or any other section, for that matter, of the Act is untenable.

  3. #3
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    Prashant Uikey
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    Default Re: denial of information under the provisions of Section 8(1)(e) of RTI Act 2005


    Dear Vinod,

    Your RTI application has been rejected under Section 8(1)(e) of RTI Act, hence let me start by pointing the said section of RTI Act.

    Section 8(1)(e) of RTI Act is as follows
    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;


    Please follow the link: CIC DECISION -FIDUCIARY RELATIONSHIP

    This CIC Judgment will throw light on the meaning of fiduciary relationship and its limitation while invoking Section 8(1)(e) of RTI Act. fiduciary relationship generally is a relationship of trust that is their to protect the interest of the one who puts trust on by the one who is trusted to protect. In Short, it is a relationship wherein one person places complete confidence in another in regard to a
    particular transaction or one’s general affairs of business.

    Hence, the fiduciary relationship between the Public Authority in your case and the Examiners is limited only to the disclosure of their identity and in my opinion does not stretch to the limits of additional work that you ae mentioning. Hence, the said information should be disclosed.

    Note: My opinions may seem correct to me, but that doesn't make it the "Truth". Hence, i welcome any criticism on my comments.
    _HOPE THIS HELPS

    _PRASHANT UIKEY



    Please Click on "STAR" or the "THANKS" symbol if you like my post.

  4. #4
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    Default Re: denial of information under the provisions of Section 8(1)(e) of RTI Act 2005



    plz go for first appeal

  5. #5
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    Default Re: denial of information under the provisions of Section 8(1)(e) of RTI Act 2005


    dear vinod ji ,
    Ld. Sh. Prashant ji has explained Fiduciary relationship wonderfully .
    For the sake of your query let me try too .
    Every piece of information shared between principal ( PA) and the translator ( who maintains fiduciary confidence ) can not be said to be held in fiduciary confidence . If it is the translation work of original records already held by PA , it can not be said to held in fiduciary relationship . The translator will simply be re-writing the records for the PA , there is no fiduciary confidence involved in such records . Secondly , holding the name of the translator on grounds of s.8(1)(e) is incorrect a he has become a temporary employee / or under contract for the PA , which again has to be disclosed u/s 4 . The information may have been denied on other grounds u/s 8 if so exempted , but not 8(1)(e) .
    You certainly can not get information from the translator directly because that is not permitted under the Act .
    I believe you may file first appeal and plead your appeal well .



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