Transfers and promotion of employees not information held in 'fiduciary' relationship

Canara Bank Vs. The CIC & Anr [W.P. (C)No. 9988 of 2007 (L) High Court of Kerala

- Information as defined in S. 2(f)-is not confined to those mentioned in S.4

- All citizens have a right to information, not circumscribed by S. 4 at all

- Obligations laid down under s. 4 are to be compulsorily performed apart from other liability on part of the public authority to supply information available with them as defined under the Act subject to the exceptions laid down in the Act.

+ Information requested by employee of Nationalised Bank relating to transfer and promotion of employees (clerical staff) of the Nationalised Bank can be furnished to the employee by the bank

+ Such information does not pertain to any fiduciary relationship of the Bank with anybody coming within the purview of S. 8(1) (e)

+ Such information cannot be said to be held in interest by Bank on behalf of its employees-informed citizenry and transparency of information which are vital to the functioning of the Bank.

+ Such information does not pertain to any fiduciary relationship of hte Bank within the dictionary meaning of the word 'fiduciary'

+ Such information would not cause unwarranted invasion of privacy of other employees and therefore not exempt u/s 8(1)(j)

+ Information regarding transfers of clerical staff of a Nationalised Bank for a period of 5 years cannot be said to be that voluminous requiring tremendous man power and time.

+ In any event, the Act does not exempt voluminous information from disclosure.



THERFORE, HELD THAT INFORMATION WITH RESPECT TO TRANSFER AND PROMOTION OF EMPLOYEES MUST BE FURNISHED BY THE NATIONALISED BANK.