CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/01425
Dated, the 15th April, 2009.
Appellant : Shri H.R. Vaish
Respondents : Life Insurance Corporation of India
This matter came up for hearing on 31.03.2009. Both parties
were present.
2. Through his RTI-application dated 13.08.2008, appellant
requested the following information:-
“It has been reported that there are many inactive Agents in
your Branch 115, 72, Bombay Life Building, Connaught Place, New
Delhi-110001, who are having to run from pillar to post to get
their commission, bills and TDS certificates. Please provide the
following details:
(1) Number of inactive LIC agents in this Branch (Branch No.115)
(2) Copies of all complaints received from such inactive agents
during the last one year, along with full notings of the action
taken on these complaints.
(3) The amount of commission due to such inactive agents during
the financial year 2007-08.
(4) The amount of commission for 2007-08 for which cheques have
not been encashed, along with a list of inactive agents to
whom these pending amounts pertain.
(5) The total amount of commission for inactive agents in the
preceding 3 financial years, which was due, the amount which
is still not encashed, hence payable and the names of such
inactive agents along with amount due.”
3. CPIO, through his communication dated 10.09.2008 and the
Appellate Authority in his order dated 15.10.2008 declined to disclose
the information citing the fiduciary nature of the information sought
which brought it within the scope of Section 8(1)(e) of the RTI Act.
4. Appellant has contested the conclusions drawn by the
respondents.
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5. In his submissions before the Commission during the hearing,
appellant stated that the reason why he had sought this information was
that the inactive Agents of LIC were facing several difficulties and
handicaps in receiving from the LIC Branch Offices their entitled
payments for past services rendered and business brought. These
payments were delayed ⎯ frequently due to manipulations by lower
officers of LIC entrusted with despatching and handing over the cheques
to the Agents ⎯ which causes them a great amount of hardship.
Appellant pointed out that his mother and father were both Agents in
the inactive category and in spite of their old-age and frail health, they
are forced to run from pillar to post to get their due payments.
He, therefore, urged the Commission to consider the human aspects of
this information as well as the fact that it was related to the larger
issue of governance within the LIC, which according to the appellant,
brought the entire matter within the scope of Section 8(2) of the RTI
Act.
6. Respondents denied that any such harassment was knowingly or
unknowingly inflicted on the inactive Agents. They reiterated their
point that the requested information related to the public authority’s
business interests and commercial confidence which should not be
disclosed in terms of Section 8(1)(d) as well as Section 8(1)(e) of the RTI
Act.
7. Given the issues raised in this matter, it needs to be stated that it
has been the decision of this Commission in the past that in matters
relating to the Agents of a commercial entity such as an insurance
company, the information should not be allowed to be divulged because
it was sure to compromise the business interests of the public authority
and affect its competitive position vis-à-vis other players in the market.
(Ashish Kumar Agrawal Vs. Oriental Insurance Company Ltd.; Appeal
No.CIC/AT/A/2007/01308; Date of Decision: 29.02.2008).
8. However, presently what is before the Commission is a plead by
the appellant that the information, regardless of whether it was
covered by the exemption-Sections or not, is to be authorized to be
disclosed in public interest under Section 8(2) of RTI Act.
9. In my view, appellant has persuasively argued his case that since
the matter related to a large number of inactive Agents and their
entitlement to their commissions, which they hard earned on account of
the business brought for the Company during their active years, it was a
matter of public good as well as larger public interest on account of the
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number of persons whose life the matter touches as well as its
relationship to justice and equity. According to my understanding,
these are all governance-related issues, which RTI Act is meant to
address. I, therefore, hold that the requested information attracts
Section 8(2) of the RTI Act.
10. In view of the above, it is directed that the requested information
be divulged by the CPIO to the appellant within two weeks of the
receipt of this order.
11. Appeal allowed.
12. Copy of this direction be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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