Dt. 19th February, 2013
To,
Shri Sushobhan Sarker
Managing Director/ Appellate
Authority,
L.I.C. of India
Central Office, J.B.Marg,
Yogakshema Building,
Mumbai-400021
Respected Sir,
FIRST APPEAL
Subject: First Appeal under Section 19 of
the RTI Act, 2005
Reference: Information recd. from CPIO/CO on
14-02-2013, vide letter dt. 06-02-2013 under ref. CO/ RTI/AAD/958; in response to my RTI Application dt. 11-02-2012 and subsequent decision by
the CIC, New Delhi vide Ref. CIC/DS/A/2012/001390 dt. 04-01-2013
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 Ms. Saroj S. Dikhale, Executive
Director (RTI/NPRJ)/CPIO; in response to my RTI application dated 11-02-2012,
vide her letter dt. 06-02-2013 recd. by me on 14-02-2013.
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 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 Central Office employees, whereas I have clearly asked for all
the details of employees of LIC of India, which is the Corporation as a whole. In
spite of explicit direction given by the CIC for this information to be
provided by the CPIO/CO, it has not been given to me completely, which shows
utter disregard for the CIC and contempt of Court on part of the CPIO/CO.
As I had already informed the IC; LIC of India, Central Office has all the
information asked by me, but is evading in divulging it, for reasons best known
to the officials of the Corporation. It also shows that there is no
transparency in LIC’s dealings.
It may be noted that my name
doesn’t figure in the list of employees denied wage revision arrears. Hence LIC
of India should pay the same to me immediately.
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/CO is
unacceptable as the information asked by me has not been given by her.
Only 2 pages of the 544th
Meeting of the Life Insurance Corporation of India held on 5th
August, 2010 at 2.00 p.m. at Hotel Taj Mahal, Mansingh Road, New Delhi; have
been sent to me, with points 21,22,23 and 36 (incomplete point). Why have I
not be given the entire Minutes of the Meeting?
***The points which have been given
to me don’t show the resolution to repudiate arrears of resigning employees.***
The points given to me are just an incomplete
and irrelevant extract. The Minutes of the Meeting must have the signatures of
all the attending members on the last page. I have not even received that page.
(The CPIO/WZO, Sri K. Rajivan Nair,
HAS NOT provided the certified copy of the Life Insurance Corporation of India
Class I Officers (Revision of Terms and Conditions of Service) Amendment Rules,
2010 issued on 08.10.2010 by the Central Government; to me, till date. He has
twice given me outdated rules dated 1985!
The first time he gave it in response
to my RTI application dt. 11-02-2012, vide his forwarding letter dt.
09-03-2012, where he said that he has provided the rules dt. 08-10-2010, but
gave me the rules dt. 1985, updated till 31-07-2007.
After the CIC’s decision dt.
04-01-2013, he gave me the same copy of rules dated 1985, updated till
08-10-2010, vide his forwarding letter dated 21-01-2013. These rules do not
specify the rule 3 that LIC of India is quoting in all its replies to me
regarding repudiation of arrears to Class I employees of the Corporation who
have resigned.
***I have not received, repeat, not
received. the certified copy of the Rules dt. 08.10.2010.)*** I request you to
kindly provide the same immediately and avoid wasting postage charges of LIC of
India, (incurred in sending outdated information to an RTI Appellant).
Kindly provide the information asked
by me in this point no. 15 of my RTI Appln.
In spite of explicit direction given
by the CIC for this information to be provided by the CPIO/CO, it has not been
given to me completely, which shows utter disregard for the CIC and contempt of
Court on part of the CPIO/CO.
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 NO INFORMATION PROVIDED
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? NO INFORMATION PROVIDED
The rationale/explanation for
repudiation of arrears has not been provided to me. Irrelevant data has been provided to me by the CPIO/CO. She has said in
her reply that “File notings regarding wage revision recommendations of LIC do
not exist. Hence the information cannot be provided as the ‘record’ as defined
under Section 2 i) and hence ‘information’ as per section 2 f) of RTI Act, 2005
do not exist.”
This shows that there is no rationale
for repudiation of arrears of resigning employees, by LIC of India, and that
its decision to do so is arbitrary and goes against the Law of Natural Justice
and the Constitution of India.
Hence all the resigning employees who
have not been given the wage revision arrears and other subsequent benefits and
difference in retirement benefits, must be immediately paid the same, by LIC of
India; with the interest as applicable till date of actual payment.
Relief sought:
a. Kindly instruct the CPIO/CO to provide the
Certified True Copies of documents in respect of the above points numbered 3, 15
and 21 through Speed Post; at the earliest. I request you to ask her to ensure
that the documents provided by her are relevant to my questions, to avoid
unnecessary correspondence and wastage of time and money.
b. Kindly penalize the CPIO/CO
under the relevant provisions, Section 20 of the RTI Act, 2005; for not
providing the information as mandated in the RTI Act, 2005 and for disregarding
the explicit instructions of the CIC.
c. Kindly ensure that a certified true copy of
the Life Insurance Corporation of India Class I Officers (Revision of Terms and
Conditions of Service) Amendment Rules, 2010 issued on 08.10.2010 by the
Central Government; is immediately sent to me.
I request you to kindly do the needful at the
earliest and oblige.
Thanking you,
Yours sincerely,
Mrs. Priya R.Swaminathan
Encl.: 1.Copy of my
RTI application dt.11-02-2012
2.Copy of the RTI reply letter dt. 06-02-2013
recd. by me on 14-02-2013 from the CPIO/CO
*My mobile no. is 9850019553
*I request you to give me an acknowledgement
of this letter through speed post.
C.C. to: 1) The CPIO/CO - Ms. Saroj S. Dikhale, Executive
Director (RTI/NPRJ)/CPIO/CO
2) The CIC, New Delhi – Information Commissioner (DS), Mrs. Deepak
Sandhu
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