Dt. 23rd March, 2012
To,
Shri R. R. Dash
Zonal Manager,
Appellate Authority,
L.I.C. of India
Western Zonal Office,
Yogakshema Building,
Mumbai-400021
Respected Sir,
FIRST APPEAL
Subject: First Appeal under Section 19
of the RTI Act, 2005
Reference: Information recd. from CPIO/WZO on
14-03-2012, vide letter dt. 09-03-2012 under ref. WZO/CPIO/RTI/145
dt.09-03-2012; in response to my RTI Application dt.
11-02-2012 )
I, the undersigned, request you to
accept my first appeal to you on account of denial of information, incomplete,
inaccurate and misleading information provided to me by Shri K. Rajivan Nair,
Regional Manager CRM/CPIO/WZO in response to my RTI application dated
11-03-2012, vide his letter dt. 09-03-2012 recd. by me on 14-03-2012.
Kindly note the following question-
wise details to ascertain the veracity of my allegation that the information provided
is incomplete, inaccurate and misleading and has not been provided at all, in
respect of many of my requests:
3. Please furnish me a copy of Names,
Addresses, Telephone/Mobile nos., Branch Nos., Branch addresses, D.O. Nos. and
D.O. addresses of all the employees of LIC of India, who were denied arrears’
payment under the Charter dated 11th October, 2010. INCOMPLETE
REPLY
The reply was given in respect
of only WZO employees, whereas I have clearly asked for all the details of
employees of LIC of India, which is the Corporation as a whole. Even the
information given in the reply is incomplete as the details about the
addresses, etc. have not been mentioned.
4.Were any of the above employees paid
the arrears amount by LIC of India? If
so, why, when and by whom? Names and other details as in (3) above, to
be furnished. Documentary proof to be provided by LIC of India. INCOMPLETE REPLY
The reply is incomplete as I
had asked for the Corporation’s details as mentioned in 3) above and not only of the Western Zonal
Office.
5. Is there any
case filed by any such employee, whose arrears’ payment was repudiated by LIC
of India, against LIC of India; in respect of any such Charter. If so, details about the case—Name of the
appellant, B.O. and D.O. addresses, residential and official address,
telephone/mobile no., Charter Date (in respect of any such charter, including
the latest one) and copy of the judgement.
INFORMATION NOT GIVEN AT ALL
The reply given by the CPIO
that ‘the information is not available with us’ is not acceptable, as it is his
duty to procure the information asked for by the appellant and provide the same
to him/her, in this particular case; to me.
6.What was the outcome of the case as
in (5) above? Documentary proof to be
provided by the LIC of India. INFORMATION NOT GIVEN AT ALL
The reply given by the CPIO
that ‘the information is not available with us’ is not acceptable, as it is his duty to procure the
information asked for, by the appellant and provide the same to him/her, in
this particular case; to me.
7.No. of resigning employees all over
India and the total amount repudiated (of arrears’ payment by LIC of India)
with bifurcation in respect of each such employee; in the Charter dated 11th
October, 2010 applicable w.e.f August 2007.
INFORMATION NOT GIVEN AT ALL
The reply given by the
CPIO that ‘the information is not available with us’ is not acceptable, as it
is his duty to procure the information asked for, by the appellant and provide
the same to him/her, in this particular case; to me.
8.No. of employees, names, addresses
telephone/mobile nos. and amounts repudiated respectively (in respect of each
one) under all the Charters of Wage Revisions (Previous 5 Charters, excluding
the latest one) and their Branch Nos., Addresses of Branches, D.O. Nos.,
Addresses of D.O.s also to be provided.
INFORMATION NOT GIVEN AT ALL
The reply given by the
CPIO that ‘the information is not available with us’ is not acceptable, as it
is his duty to procure the information asked for, by the appellant and provide
the same to him/her, in this particular case; to me.
9.Since which year or which Charter
has LIC of India started repudiating arrears’ payment legitimately due, to its
resigning employees; and why? INCOMPLETE
The answer is
incomplete as it does not answer the ‘why’ part of my query. As I am an
aggrieved person on account of this particular rule, I am entitled to an
answer.
10.Details of the exact legal
provisions and clauses on the bases of which LIC of India has arrived at its
premise of refusing to pay Arrears’ payment and subsequent difference in
retirement benefits to its resigning employees.
INCORRECT AND
MISLEADING
The answer is incorrect
and misleading. I have asked for the details of the exact legal provisions and
clauses, not references to the gazette. Obviously, I wanted an answer based on
the Constitution of India and Labour Laws applicable in India currently; which
would have been taken into account by LIC and the Central Government while
amending the gazette.
12.The total no. of transactions effected
under my S.R. No. 441595 from 1st August, 2007 to 2nd
July, 2010, the last date of my service in LIC of India.
INFORMATION NOT
GIVEN AT ALL
The reply given by the
CPIO that ‘data not available with us’ is not acceptable, as it is his duty to
procure the information asked for, by the appellant and provide the same to
him/her, in this particular case; to me.
15. Documents pertaining to the Board
Meetings of LIC of India wherein this resolution to repudiate arrears of
resigning employees; has been taken. Kindly provide Minutes of the Meetings
with signatures of all the attending members.
MISLEADING AND INACCURATE
INFORMATION
The reply given by the CPIO is unacceptable as the information asked by
me has not been given by him. My question has deliberately been misinterpreted
by him.
16. With reference to my representation
letters dated 20-10-2010 (addressed to the Executive Director, Personnel, LIC
of India) and 20-11-2010 (addressed to the Chairman, LIC of India), sent
through Speed Post and subsequent e-mails dated 22-10-10, 26-10-10,
01-11-10, 08-11-10, 13-11-10, 16-11-10, 20-11-10, 27-11-10, 04-12-2010,
06-12-2010, 09-12-2010, 13-12-2010, 21-12-2010, 24-12-2010, 25-12-2010,
30-12-2010, 04-01-2011, 13-01-2011, 17-01-2011, 28-01-2011, 31-01-2011,
08-02-2011; why were they not
replied to immediately? Why was there an
inordinate delay of 8 months for a single line unsatisfactory reply vide letter
received by me on 07-06-2011, that too replied to; not by the addressees of my
letters, but by the lower office (Pune Divisional Office No.1)? Kindly provide an explanation letter. MISLEADING
AND INACCURATE INFORMATION
Section 2 (f) of the
RTI Act, 2005 has been wrongly interpreted by the CPIO. Since I’m an aggrieved
person, I’m entitled to an answer with the requisite explanation in respect of
this question.
18.Names, phone numbers and official addresses of the
current Chairman, Officiating Chairman, Executive Directors, Managing Directors
and Sr. Divisional Manager of Pune Divisional Office 1; LIC of India INFORMATION
NOT GIVEN
As on date, the website
of LIC of India has not been updated and outdated information regarding my
query is available therein. Besides, if I have asked for the above information
through an RTI application, I am entitled to receive an answer from the CPIO.
19.Please provide a list of
applicants for Wage Revision arrears’ payments in respect of the Charter dated
11th October, 2010 during the last 16 months, giving names, dates of
application and dates on which replies were issued by LIC of India. INCOMPLETE
INFORMATION
The CPIO has given information
pertaining to the Western Zonal Office only, whereas I have referred to the
Corporation as a whole. Note my words in the query: ‘LIC of India’
20. What are the factors due
to which the Wage Revision Charter is delayed inordinately, every time that it
is legitimately due? MISLEADING AND INACCURATE INFORMATION
The CPIO has misinterpreted
Section 2 (f) of the RTI act, 2005. Since I’m an aggrieved person directly affected
by the delay in the notification of the Wage Revision Charter, I’m entitled to
an answer to this query.
21. a) Does the LIC of India,
Staff Regulations, 1960 and
subsequent modifications/amendments therein, if any, contain
any clause wherein it is mentioned that arrears payment after Wage Revision due
to a Charter notification, may be denied to an employee on roll of the LIC of India in the period for which the
Charter has been announced?
b) If so, kindly point out the requisite provision or clause with
adequate, satisfactory explanation/rationale. INCOMPLETE
INFORMATION
The reply to this query is
incomplete as an adequate, satisfactory explanation/rationale has not been
procured and provided by the CPIO.
c) Does this denial of arrears
payment and difference in retirement benefits, agree in principle, with the
labour laws applicable in India? MISLEADING AND INACCURATE INFORMATION
Section 2 (f) of the
RTI Act, 2005 has been wrongly interpreted by the CPIO. Since I’m an aggrieved
person, I’m entitled to an answer with the requisite explanation from the
concerned authorities in respect of this question.
Relief sought: a. Kindly instruct the
CPIO to provide the Certified True Copies of documents in respect of the above
points numbered 3,4,5,6,7,8,9,10,12,15,16,18,19,20 and 21 through Speed Post;
at the earliest. I request you to instruct him to also ensure that the
documents provided by him are legible.
b. Kindly penalize the
CPIO under the relevant provisions, Section 20 of the RTI Act, 2005; for not
providing the information as mandated in the law. Kindly note that the
incomplete, inaccurate and misleading information has been recd. three days
late by me, that is later than the stipulated period of thirty days. Besides,
many questions have not been answered at all.
I request you to kindly do the needful at the
earliest and oblige.
Thanking you,
Yours sincerely,
Mrs. Priya R.Swaminathan
No comments:
Post a Comment