Indian Kanoon - Search engine for Indian Law

:

1. The Appellant filed an RTI application dated 25.03.2024 (offline) seeking the following information:

"Jalgaon Milk Union meetings: Period to which information relates from 01.04.2023 to 30.09.2023 A) Copies of document received from Jalgaon Milk Union wherein representative of NDDB was requested to attend meeting of board of director and of expert committee of Jalgaon Milk Union.

B) Copies of document indicating name and designation of employee of NDDB, who was directed to attend the meetings at Jalgaon Milk Union.

C) Copies of documents of resolution passed by Jalgaon Milk Union in abovesaid meetings of Board of Directors and of Expert Committee."

2. The CPIO furnished a point-wise reply to the Appellant on 10.04.2024 stating as under:

"a to c The information sought is available with NDDB under fiduciary capacity which is exempted from disclosure as per Section 8(e) of the RTI Act 2005."

7. The Respondent while defending their case inter alia submitted that NDDB acts in an advisory and technical capacity for various cooperative milk unions, including Jalgaon Milk Union. The documents sought by the Appellant consist of internal communications, directions issued to NDDB officers, and minutes/resolutions of meetings received from Jalgaon Milk Union. Each such Milk Union is a commercial entity dealing with other commercial entities. The Respondent submitted that such records are held in a fiduciary capacity, as NDDB receives them in trust during the course of professional assistance to the Milk Union. Therefore, the information is exempt from disclosure under Section 8(1)(e) of the RTI Act. It was further submitted that the Appellant himself, being part of the management of Jalgaon Milk Union, should seek such documents directly from the union through appropriate channels and not through NDDB.

Decision:

8. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the information sought was denied by the Respondent under section 8 (1) (e) of the RTI Act. The Commission finds force in the Respondent's contention that NDDB receives the above documents in the course of providing advisory and technical support to Jalgaon Milk Union, and that the relationship between NDDB and the cooperative body is one of trust and confidence, falling squarely within the ambit of fiduciary relationship contemplated under Section 8(1)(e) of the RTI Act.