Civil Procedure Code (CPC)

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Arvind L. Deshmukh (service)     05 January 2016

Information under rti- 2005 act

Sir,

     My quiry about R Ti- 2005 Act is that-

 Is bank guarranty  submitted by a company to public sector company towords contract  can be diclosed under RTI?  If not then under which clause under Act it is exmpted from discloser.

Thanks.

                                                                                                         Arvind L. Deshmukh



 1 Replies

srishti jain   20 July 2021

As per your query, let me brief you about Section 8 (1) (e) of the RTI Act.

Section 8 (1) (e) of the RTI Act, guard the personal information of a person, including public authority, when it is under the fiduciary relationship. The word fiduciary, is derived from the Latin fiduciary meaning trust, a person (including a juristic person such as Government, University, or bank) who has the power and obligation to act for another under circumstances, which require total trust, good faith, and honesty.

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 or business. Fiduciary relation is not pari passu with confidentiality and privacy. It is a relation of trust under which one party (beneficiary) provides information to another party (fiduciary) and, the other party has to secure the information. As such there is no agreement between the two while providing the information that the information needs to be safe, but due to the trust shown by fiduciary, information needs to be kept immune from the scrutiny of the public authority. It is to be kept in mind that the RTI Act is premised on disclosure being the norm, and refusal being the exception.

In the above case, the information cannot be disclosed.

Hope it helps,

Regards,

Srishti

 


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