Chandigarh: In a ruling reinforcing transparency in public appointments, the Punjab State Information Commission observed that fiduciary exemptions under the Right to Information Act cannot be casually invoked to shield routine administrative decisions from scrutiny.The order was passed by chief information commissioner Inderpal Singh while deciding an appeal filed by a Chandigarh resident, who sought information regarding his selection under PCS Register A-2.The appellant stated that a selection from A-2 register was made on Dec 20, 2024. While other selected candidates joined service in Jan 2025, his appointment orders were allegedly withheld. He sought copies of the recommendation received from Punjab Public Service Commission (PPSC), the legal advice taken in his case, inspection of the relevant file, and action taken on his representations submitted between Jan 30, 2025 and Feb 3, 2025.The public information officer denied parts of the information, invoking Sections 8(1)(e) and 8(1)(j) of the RTI Act. It was argued that the details sought, including names, roll numbers, dates of birth, and marks obtained, were held in a fiduciary capacity and no larger public interest was involved. The commission, however, rejected this stand. In its order, the commission examined the scope of “information” and “right to information” under Sections 2(f) and 2(j) of the RTI Act and reiterated that exemptions under Section 8 must be interpreted strictly.The commission noted that PPSC recruited section officers, Group A, in the Punjab department of finance (treasury and accounts), and the result of the competitive examination was published on its website, including the registration number or roll number, name and father’s name of the candidate, date of birth, category, and marks obtained.It observed that the seniority list issued by general administration, Punjab, also mentioned details such as the name of the employee, father’s name, date of birth, date of joining, and date of retirement. Therefore, the request of the respondent to deny information merely on the ground that the noting comprised names, roll numbers, dates of birth, and marks obtained was not tenable, as similar information was already issued in official records.Keeping this in view, the commission held the respondent’s request to withhold information under 2 points (1 and 4 of) the RTI application was not sustainable. The respondent was directed to supply the information and make the relevant record available for inspection, as sought, within 30 days of receipt of the order.With regard to Point 2, which related to the legal advice taken in the appellant’s case, the commission observed that fiduciary relationships are recognised where information is entrusted to a person or entity with an expectation of confidentiality. It explained that such relationships may include those between a doctor and patient, attorney and client, or trustee and beneficiary. It noted that information obtained in such relationships may be disclosed if the competent authority finds that larger public interest outweighs the need for confidentiality. Employer-employee relationships involving confidential company information or personal data are also treated as confidential.The commission reiterated that fiduciary exemptions are not to be misapplied to shield routine administrative actions from public scrutiny.It also referred to the judgment of the Delhi high court in State Bank of India v. Mohd. Shahjahan, which held that an employee of a public authority is entitled to know all details concerning himself, including reasons for denial of promotion, unless specifically exempt under Section 8(1)(e) or (j). The high court clarified that fiduciary exemptions are meant to protect information from disclosure to third parties, not from the concerned employee himself.In light of these observations, the commission held that the respondent’s request to withhold information under Point 2 was also not justified. The public information officer was directed to supply the information up to the date of the RTI application within 30 days from receipt of the order.
