Central Information Commission Judgements

Shri N.P. Umapathy vs United India Insurance Co. Ltd. on 23 April, 2009

Central Information Commission
Shri N.P. Umapathy vs United India Insurance Co. Ltd. on 23 April, 2009
                    CENTRAL INFORMATION COMMISSION
                                  ...

F.No. CIC/AT/A/2008/01529
Dated, the 23rd April, 2009

Appellant : Shri N.P. Umapathy
Respondents : United India Insurance Co. Ltd.

  This 2nd appeal-petition was taken up for hearing through
videoconferencing on 23.03.209. Following the commission’s notice dated
10.02.2009; parties were present at NIC studio, Bangalore. Hearing of the
Commission was conducted from NIC facility at CIC office, New Delhi.

2. This appeal originates from the appellant’s RTI-application dated
29.03.2008 which comprises request for six items of information (copy
annexed). These are discussed below:

Item Nos. 1) and 2)
It is noted that only one part of information (i.e. numbers of
transfers effected) corresponding to these queries had been provided to
the appellant, while the other details such as name of the employee etc.
had not been supplied to him.

There is no reason why this information should be withheld from the
appellant. It is, therefore, directed that the CPIO, within 2 weeks of the
receipt of this decision, shall furnish to the appellant information relating
to other part of these queries.

Item Nos. 3), 4), 5) and 6)
It is seen that the AA through his decision dated 05.09.2008 declined
to disclose these items of information on the ground of it being personal
information to 3rd-party, which attracted the exemption under Section
8(1) (j) of the RTI Act.

I am unable to agree with the AA’s finding. The information
requested through these items of queries was regarding transfers and
postings effected within the public authority and compliance thereto by
the transferees and the officials of the public authority. These issues had
earlier been decided by the Commission in the case of (P.K. Saha Vs. Coal
India Limited; Appeal No. CIC/AT/A/2007/00858; Date of Decision:

Page 1 of 2 

 
23.01.2008 and Mahandra Kumar Vs. Customs; Appeal No.
CIC/AT/A/2007/00751; Date of Decision: 14.12.2007).

The sum total of these decisions is that any matter of transfer and
posting cannot be said to be personal information to a 3rd-party. It is more
an information about an action of the public authority in giving placement
to its own employees.

3. In view of the above, it is directed that the CPIO, within 2 weeks of
the receipt of this decision, shall provide to the appellant information
relating to these items of queries.

4. Appeal disposed of with above directions.

5. Copy of this decision be sent to the parties.

(A.N. TIWARI)
Information Commissioner

Page 2 of 2