Complete inquiry report cannot be denied by claiming that the entire report is held in a fiduciary capacity.

[ambrish.p]

It has been held by CIC that Complete inquiry report cannot be denied by claiming that the entire report is held in a fiduciary capacity.


"report in connection with some enquiry on a complaint.
Such a report cannot ordinarily be said to be held in a fiduciary capacity. If the
report contains any information which is otherwise exempt under the various
provisions under the Right to Information (RTI) Act, those specific items could
be severed in terms of the provisions of section 10 of the RTI Act and the
remaining report disclosed. It cannot be summarily denied by claiming that the
entire report is held in a fiduciary capacity. In fact, most records and documents
in any public authority including the High Court are received from others by way
of letters, applications, memos, reports etc. It cannot be anybody's case that all
such documents are held in a fiduciary capacity.

5. Therefore, in our view, the desired report should be disclosed after, if
considered necessary, severing all those information which, in the opinion of
the CPIO, should not be disclosed under any other exemption provision of the
RTI Act. We direct the CPIO to do so within 10 working days of receiving this
order."

http://www.rti.india.gov.in/cic_deci...11_M_87484.pdf

FULL CREDIT TO KARIRA SIR.