Opinion given by the Legal Officers / Branch of the public authority cannot be hidden under RTI

Opinion given by the Legal Officers

Opinion given by the Legal Officers

An opinion given by the panel advocate of a public authority can be denied under Section 8 (1) (e) of the RTI Act in view of the fiduciary relationship involved.  However, the same is not the case with the opinion given by the Legal Officers / Branch of the public authority.

The public authority claimed that the opinion given by the Delhi Legal Branch was not provided as it is an internal document of the bank.

The commission stated that

“..there was no provision in the RTI Act to deny information on the ground that it pertained to internal documents of the public authority.”

We have considered the submissions of both the parties.  As per the past decisions of the Commission, the opinion given by a panel advocate of a public authority can be denied under Section 8 (1) (e) of the RTI Act in view of the fiduciary relationship involved.  However, the same is not the case with the opinion given by the Legal Officers / Branch of the public authority.

The commission directed the CPIO to provide to the Appellant the specific information sought by him in his RTI application. The decision is available for download here!: File No. CIC/SH/A/2015/001637 You can discuss further at our forums here!

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