⚖ CIC + SIC orders — weekly digest

Union of India v. Reliance Industries Ltd. — Civil Appeal 04982/2026

The Supreme Court further clarified the post-Patel framework: §8(1)(e) “fiduciary relationship” cannot shield records held in regulatory capacity (RBI inspection reports, SEBI investigation files, audit reports). The fiduciary shield applies only to genuinely entrusted-trust data (e.g. legal-counsel files, doctor-patient).

PIO takeaway: stop using “fiduciary” as a catch-all for refusing regulatory records. Cite the specific entrustment relationship; if none exists, §8(1)(e) doesn't apply.

CIC Order DGS/A-2026/00081 — 23 April 2026

CIC reaffirmed the 40-day total cap (notice + objection + decision) on the §11 third-party procedure. PIOs cannot indefinitely extend by serial notices.

PIO takeaway: start the §11 clock on Day 5; decide by Day 40 maximum. Beyond that, disclosure is deemed allowed.

Bombay HC W.P.(C) 0631/2026

Building on the 02-March-2026 ruling that FAAs must cite at least one precedent, the Bombay HC has now mandated that the FAA address EACH contention raised by the applicant — selective acknowledgement is grounds for setting aside the FAA order.

PIO takeaway: structure FAA orders as numbered points mirroring the appeal grounds. One paragraph per contention.

Karnataka HC W.A. 0289/2026

The §24 Schedule 2 exemption (which protects R&AW, IB, ED) has a corruption + human rights proviso. The Karnataka HC clarified this proviso also applies to State vigilance establishments — citizens can RTI corruption-related records in state anti-corruption bureaus.

PIO takeaway: a state anti-corruption bureau cannot refuse a corruption-related RTI under §24 wholesale. The proviso opens up such requests.

CIC Order CIC/POSTM/A-2025/00425

CIC penalised a postal department PIO ₹15,000 for repeatedly labelling RTI applications as “vexatious” without justification. CIC clarified §20 explicitly: there is NO “vexatious” exemption in the RTI Act.

PIO takeaway: never use “vexatious” as a refusal ground. Each application must be processed on its merits, even if the applicant has filed many.

Delhi HC W.P.(C) 0489/2026

Aadhaar-linked subsidy distribution data, when sought in aggregate (e.g. “list of beneficiaries by district”) is NOT exempt under §8(1)(j). Individual-name disclosure still needs §11 third-party balance.

PIO takeaway: for aggregate beneficiary RTIs (especially under §4(1)(b)(xii)), disclosure is the default. Anonymise individual rows only if specifically requested.

CIC Order/A-2026/00065

CIC clarified the §7(1) clock begins when the PIO physically receives the application — NOT when it's first received at the department's central registry.

PIO takeaway: if your central registry is slow to forward, that's an internal SOP problem, not a §7(1) extension. Build a 2-day internal-routing cushion.

Madras HC W.A. 0212/2026

Following the Karnataka HC precedent, Madras HC has held that educational qualifications submitted at appointment are public-activity records and disclosable under RTI.

PIO takeaway: don't refuse RTIs about a public servant's education credentials under §8(1)(j) without a specific third-party objection.

Supreme Court order — Civil Appeal 04183/2026

Self-classification by an authority (marking files “Confidential” or “Secret”) does NOT trigger §8(1)(a) sovereignty exemption automatically. The exemption requires a genuine sovereignty/security nexus.

PIO takeaway: “Confidential” stamps don't override RTI. Apply the §8(1)(a) test on substance, not labels.

CIC Order/A-2026/00056

A first instance of CIC imposing a §20 penalty on the FAA (not just the PIO) for issuing a non-speaking order. Earlier penalties were exclusively on PIOs.

FAA takeaway: don't rubber-stamp PIO orders. A non-speaking First Appeal order can attract personal penalty.

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Last updated: 25 April 2026.