Legal opinions obtained by a public authority from legal counsel are held in a fiduciary capacity and are exempt from disclosure under Section 8(1)(e) of the RTI Act, 2005, as the lawyer-client relationship involves trust and confidence.

Relevant facts emerging from appeal:

RTI application filed on : 06.02.2025

CPIO replied on : 21.02.2025

First appeal filed on : 03.03.2025

First Appellate Authority’s order : 01.04.2025

2nd Appeal dated : 30.05.2025

Information sought:

1. The Appellant filed an RTI application dated 06.02.2025 seeking the following information:

“In reference to Mr. Kadvekar, we had made an application for restoration of basic pay. Accordingly, the Pension Office sent our application to the Legal department for their opinion on the matter. We understand that the Legal department has provided their opinion to your office. We request a copy of the said opinion. Thank you.”

2. The CPIO furnished a reply to the Appellant on 21.02.2025 stating as under:

“In this connection, it is stated that, information sought cannot be provided to you as the Legal opinion received from the Legal firm The Law Point is under client attorney privilege and it is solely for the use of the queries and cannot be shared.”

3. Aggrieved by the decision of the CPIO, the Appellant filed a First Appeal dated 03.03.2025. The FAA vide its order dated 01.04.2025, stating as under-

“Shri. Prakash Shankar Kadam had preferred an RTI Application dated 06.02.2025 under Right to Information Act, 2005 to Central Public Information Officer. Finance, seeking "a copy of Legal Opinion from Legal Division of Mumbai Port Authority regarding restoration of Basic pay of the applicant."

2. AND WHEREAS, by reply dated 21.02.2025, the CPIO, finance Shri. A. B. Bhalekar, DCAO, expressed inability to provide the information as the Legal opinion received from the Legal firm "The Law Point" is under client attorney privilege and it is solely for the use of the querist and cannot be shared.

3. AND WHEREAS, not satisfied with the reply, the appellant Shri. Prakash Shankar Kadam preferred First Appeal dated 03.03.2025 to the undersigned in which he has demanded the following:

i. Action as soon as possible may be taken in their case of pay restoration on the basis of Legal Opinion received from the Legal Division

ii. Copies of Inter departmental correspondence, Documents submitted to Chairperson, if any, and action taken if any in this matter may be provided. Copy of Legal Opinion in said matter of pay restoration.

4. AND WHEREAS, in original RTI application dated 06.02.2025, the applicant had sought copies of legal opinion only as stated at Para 1 above.

5. AND THEREFORE, the undersigned has considered the information sought by the applicant in his first RTI application dated 06.02.2025 only.

6. AND WHEREAS, the undersigned summoned for a report in the matter from CPIO, Finance, on 05.03.2025 which was received by the undersigned on 17.03.2025.

7. AND WHEREAS, the CPIO, Finance Department vide his submission dated 17.03.2025 has clarified that

a) Since the information requested was pertaining to the Law Point, CPIO has requested Law Point's permission to provide the copy of legal opinion to the RTI applicant.

b) The Law Point has denied to provide the legal opinion to any third person and has categorically refused to share its legal opinion with third party as it was issued under client attorney privilege.

c) In the view of above, the information sought by RTI applicant was not provided under section 8(1) (d) & (e) of RTI Act.

8. AND WHEREAS, Section 8(1)(d) and (e) of the RTI Act, 2005, provides as under 8. (1) Notwithstanding