Central Information Commission
Room No.307, II Floor, B
Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Telefax:011-26180532 &
011-26107254 Website-cic.gov.in
Appeal: No. CIC/DS/A/2013/000662/MP
Appellant /Complainant : Mrs. Priya Ramesh Swaminathan, Pune
Public Authority :
LIC of India, Mumbai
Date of Hearing : 21
February 2014
Date of Decision :
21 February 2014
Facts:-
1. While disposing of the RTI
application dated 11 February 2013 submitted by the appellant, Mrs. Priya
Ramesh Swaminathan, in case No. CIC/DS/A/2012/001390 decided on 4
January 2013, Central Information Commission (CIC) had directed the CPIO, LIC
of India, Western Zonal Office, Mumbai to forward as per the provisions of
section 6 (3) of the Act, points 3, 15 and 21 of the RTI application to the
CPIO, Central Office within five days of receipt of the order and the CPIO,
Central office was directed to provide information as per the provisions of the
Act in respect of points 3, and 15 of RTI application. In respect of point 21, in the CPIO, Central
Office was asked to provide a copy of the file notings, made while formulating
recommendations of LIC regarding wage revision before sending the final
proposals to the Ministry of Finance along with their recommendations thereon.
2. In compliance of above mentioned
order, the CPIO considered the matter and vide order dated 06 February 2013,
CPIO, Central Office denied the information on point No. 3, on the ground that
the information was not maintained at a central location and the data, in the
format asked by the appellant, further, such data is not needed for normal,
routine and regular administrative working of the Corporation, hence
information couldn’t be provided as “record” as defined under Section 2(i) and
“information” as per Section 2(f) of the RTI Act, 2005, is not maintained in
the format as desired by RTI applicant, but by going with spirit of the RTI
Act, CPIO furnished certain information; furnished information on point No. 15
and again denied information on point no. 21 on the ground that the file
notings regarding wage revision recommendations of the LIC do not exist, hence
information couldn’t be provided as the “record” as defined under Section 2(i)
and “information” as per Section 2(f) of the RTI Act, 2005. However, for both queries no. 15 & 21,
keeping in view of the spirit of the RTI Act, further information consisting of
20 pages had been furnished to the appellant.
Not satisfied by the CPIO’s reply, the appellant preferred appeal dated
19 February 2013, to the First Appellate Authority (FAA). Vide order dated 15 March 2013, the FAA
upheld the CPIO’s decision while further clarifying the CPIO’s order and also
advised the appellant that for redressal of her grievance she should approach
the appropriate forum and RTI was not a not platform for grievance
redressal. FAA also advised the
appellant to approach the Central Information Commission by way of second
appeal if she was not satisfied by his order.
3. Being aggrieved and not satisfied by the
above response of the public authority, the appellant preferred second appeal
before the Commission.
4. The matter was heard today via videoconferencing. The appellant, Ms. Priya Ramesh Swamination
was present at the hearing and made submissions from Pune. The respondents, Shri T.R. Mehndiratta, FAA,
Ms. Mallika Prasad, Secretary (RTI) and Ms. Mina Bidikakar, made submissions
from Mumbai.
5. The appellant submitted that complete
information has not been provided by the CPIO despite CIC’s previous order
dated 4/1/2013. The reasons for the
repudiation of arrears of Ex LIC employees and the minutes of the meetings
details have not been provided. She
maintained that the Central Office Mumbai is the holder of information as all
representations of appointments and resignations from all over India are sent
to the Central Offices, Mumbai for approval.
Hence, LIC employees’ information sought need only be taken out from the
database maintained by the Central Office bases on the information received
from offices located all over India.
6. The respondents submitted that the
information as held with Central Office, Mumbai pertaining to list of 40 people
had been provided to the appellant. The
appellant may approach the other Divisional Offices and Zonal Offices of the
LIC all over India who are the holders of the information as the appointments
are made by the DO and ZO levels also and the resignations are also accepted by
various appointing authorities. Further
no additional information is available w.r.t points 3, 15, and 21 of the RTI
Application. They added that as per LIC
Rules, employees who resign are not entitled to get arrears.
Decision Notice
7. The Commission accepts the
respondents’ position that it would have been difficult to collect and provide
the information to the appellant from all the Divisional Offices and Zonal
Offices as it would divert the limited resources of the public authority.
8. The Commission after hearing the
respondents upholds the CPIOs order that complete information as held by them
has been provided to the appellant.
9. However, the CPIO is directed to
provide the copy of minutes of the meetings in which the agenda was put up for
repudiation of arrears of the LIC employees who had resigned from service
within two weeks of the receipt of the order of the Commission. Only relevant portion of the minutes is to be
provided to the appellant.
10. The CPIO is further directed to provide
an affidavit to the Commission with a copy to the appellant that no further
information other than what is provided to her with reference to points 3, 15,
and 21 of RTI application is available with them. The affidavit is to be submitted within two
weeks of the receipt of the order.
Information Commissioner
Authenticated true copy:
(T.K. Mohapatra)
Dy. Secretary & Dy.
Registrar,
Tel. No. 011-26105027
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Kindly note the point number 7 above.
I wonder what resources are required by the Corporation to just click a button on one's own computer on which all the information asked for, by me; is available! (The Central Server can be readily accessed from the Central Office as well as by all the offices of the Corporation.)
LIC has vast infra-structure, manpower, communication systems, funds, etc. It just lacks WILL-POWER and CONSCIENCE.
I have pursued this RTI application since 3 years and spent a considerable portion of my meager funds on the same. Even I don't have unlimited resources to keep on writing to all the offices of the Corporation. Probably, I will need to be reborn at least a 1000 times to get answers from all these offices, as it took me 3 years to get just a fraction of the answers from just 2 offices of the Corporation!
A board proudly proclaims in Hindi, in most offices of the Corporation:
"Kaarya kathin hai, is liye karne yogya hai, saadharan karya toh sabhi log karte hain!"
Probably, that is why, I will never say die, and see to it that all of us who have been illegally denied the arrears, etc., get our rightful dues.
************************************************************************************
Kindly note the point number 7 above.
I wonder what resources are required by the Corporation to just click a button on one's own computer on which all the information asked for, by me; is available! (The Central Server can be readily accessed from the Central Office as well as by all the offices of the Corporation.)
LIC has vast infra-structure, manpower, communication systems, funds, etc. It just lacks WILL-POWER and CONSCIENCE.
I have pursued this RTI application since 3 years and spent a considerable portion of my meager funds on the same. Even I don't have unlimited resources to keep on writing to all the offices of the Corporation. Probably, I will need to be reborn at least a 1000 times to get answers from all these offices, as it took me 3 years to get just a fraction of the answers from just 2 offices of the Corporation!
A board proudly proclaims in Hindi, in most offices of the Corporation:
"Kaarya kathin hai, is liye karne yogya hai, saadharan karya toh sabhi log karte hain!"
Probably, that is why, I will never say die, and see to it that all of us who have been illegally denied the arrears, etc., get our rightful dues.
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