With Reference to your letter No. No.RTI:F.No.2465 date 05-07-2024 from National Dairy Board, the decision to withhold information under Section 8(1)(e) of the Right to Information Act, 2005. The information requested has been classified as held in a "fiduciary capacity," thus allegedly exempt from disclosure. However, this classification does not apply to the information in question.
Section 8(1)(e) of the RTI Act states that information available to a person in his fiduciary relationship is exempt from disclosure unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.
The RTI Act, 2005, emphasizes transparency and accountability, aiming to promote informed citizenry. Thus, any claim of exemption must be balanced against the potential public interest in disclosing the information. The requested information is essential for ensuring transparency and accountability in NDDB's operations, public service delivery, Disclosure will contribute significantly to public welfare by NDDB's operation for Dairy Cooperatives in country. Disclosing the information will not harm the fiduciary relationship as it does not include sensitive personal or proprietary data that could compromise any party involved.
Several court judgments have clarified the scope of the fiduciary exemption under the RTI Act. Some of the relevant cases include:
RBI v. Jayantilal Mistry (2015): The Supreme Court ruled that even if information is held in a fiduciary capacity, it can be disclosed if it serves the larger public interest, particularly in cases involving financial institutions.
Thus provide the transfer history of S. Regupathi (Current ED operations of NDDB) and details of SS Gill (Current HRD, Group Head of HRD, NDDB), since it is in public interest that such individuals holding positions in NDDB (an institution of National Importance) requires transparency & accountability and information regarding both these individuals is necessary for functioning of such institution.
I request you to instruct the Concerned Public Information Officer to furnish information requested by me under the provisions of RTI act 2005 as early as possible.