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2010 (2) TMI 986 - KERALA HIGH COURTRight to Information - whether the immunity or exemption claimed by the appellant under Section 8(1)(e) and 8(1)(j) of the Act is tenable? Whether the information sought by the first respondent relates to personal information of other employees, the disclosure of which is prohibited under Section 8(1)(j) of the Act? Held that:- Section 8(1)(e) has no application because it deals with information available with the person in his fiduciary relationship with another. Information under this head is nothing but information in trust which but for the relationship would not have been conveyed or known to the person concerned. This applies to the relationship that exists between a patient and a Doctor, a lawyer and a client etc. We do not find any application of this provision in relation to the information sought by an employee about other co-employees of the same employer. We do not think the Confidential Reports of the employees maintained by the appellant can be treated as records pertaining to personal information of an employee, the publication of which is prohibited under Section 8(1)(j) of the Act. We, therefore, concur with the findings of the learned Single Judge on this issue. w.p. dismissed.
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