Thursday 17 September 2020

Source:  http://www.rtifoundationofindia.com/information-respect-ex-employees-lic-who-were-deni

RTI Foundation of India

Information in respect of ex-employees of LIC who were denied salary arrears under wage revision Rule-2010 etc. was sought - CIC: Collating & compiling of information on all India basis would disproportionately divert the resources of the public authority 30 Apr, 2015 ORDER 1. The appellant, Shri Sunny Chhabra, submitted RTI application dated 12.10.2013 Central Public Information Officer (CPIO), LIC of India, New Delhi seeking information in respect of ex-employees of LIC of India who have been denied salary arrears under wage revision Rule-2010, among all those employees, how many employees were in the court against the order of denial and how many ex-employees have been reimbursed their claim after appeal in any court or by any other way. 2. The CPIO vide letter dated 21.10.2013 informed the appellant that no ex-employee of Northern Zonal Office had been denied salary arrears under Wage Revision 2010. The information relating to employees of LIC of India working in all India (under all the 2048 branches, 113 Divisions and other 7 Zonal Offices) was not available. Therefore, collecting and collating this information from all the CPIOs would divert the resources of the public authority and hence could not be provided as allowed u/s 7(9) of the RTI Act. Dissatisfied with the reply of the CPIO, the appellant preferred an appeal on 17.11.2013 before the FAA. The FAA vide his order dated 28.11.2013 concurred with the reply of the CPIO. 3. Thereafter the appellant filed second appeal before the Commission. 4. The matter was heard by the Commission. The appellant did not attend the hearing inspite of a written notice having been sent to him. The respondents stated that as per instructions for implementation of the LIC of India Development Officers (Revision of Terms and Conditions of Service) Amendment Rules, 2010 issued by LIC of India, Central Office, Mumbai dated 11.10.2010, the employees whose resignation had been accepted on or before the date of notification irrespective of whether they are relieved or not or whose services had been terminated under LIC of India during the period between 1.8.2007 and 8.10.2010 (both days inclusive) shall not be eligible for the arrears on account of this revision. They added that they had provided information about the Northern Zonal Office and collecting and collating information from 17 Divisions of Northern Zone, 113 Divisions all over the country will result in disproportionate diversion of resources, particularly when each division had its independent CPIO. 5. Having considered the submissions of the parties and on perusing the relevant documents on file, the Commission holds that information pertaining to LIC of India, Northern Zonal Office had been provided to the appellant. Collating and compiling of information pertaining to employees of LIC of India on all India basis would disproportionately divert the resources of the public authority and attract the provisions of Section 7(9) of the RTI Act. The appellant did not attend the hearing to point-out any deficiencies in the information provided by the respondents. The appeal is disposed of.   (Manjula Prasher) Information Commissioner Citation: Shri Sunny Chhabra v. LIC of India in Appeal: No. CIC/MP/A/2014/000433
                                         ************************************

I had a feeling of dejavu after reading this judgment by the same judge who had dismissed off my Second RTI Appeal on similar grounds even after I had pointed out that LIC of India has all information in its Central Office's server. It doesn't have to go anywhere to get any information. Only a click of the button would yield the answers that we appellants wanted.

 In vain!

It's appalling that LIC of India could get away so easily by misleading the Honorable Judge!

It would be interesting to note that all information is centralized in LIC of India through its highly efficient digital network. LIC is merely evading the questions as it has a lot to answer for!

This comment made to me by the Western Zonal Office's CPIO, is itself telling. He had phoned me from the Western Zonal Office, through its landline number. I quote him as follows:

"Madam, LIC will not answer any of your questions. Asking for answers from LIC is like banging your head against a brick wall. Your head will only break. LIC doesn't want to open a Pandora's Box by answering any of your questions. You will lose the case (RTI appeal) and this case will be closed within a month! You may approach the Courts for your dues but you will lose the case!"

He was disturbed and peeved that I had asked the Information commissioner to impose the mandatory fine on him and LIC of India for not giving replies to my RTI queries within the stipulated time, as per the RTI Act's rules.

When I confronted him during the videoconferencing session of the appeal's hearing, he blatantly lied that he had never spoken to me. I immediately retorted that he was lying. Then the Information Commissioner warned him to be transparent (honest) in his dealings in future.

So what can we expect from an organization that cheats its ex-employees of their hard-earned dues under false pretexts, arbitrarily, illegally and unjustly? Despite a Supreme Court's order declaring the said clause 3 1 B or ii) vide which repudiation has been effected, to be ultra vires!

Only the Government can intervene and help us to get back all our dues with interest.