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CENTRAL INFORMATION COMMISSION
Room No.296, 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/WB/A/2009/000468-DS
Appellant : Shri Kamal Narayan Tiwari, Distt. Ballia
Public Authority : National Insurance Company Ltd., Distt. Ballia
(through Shri R.K. Goyal, Appellate Authority)
(through video conferencing at NIC, Lucknow)
Date of Hearing : 18/03/2010
Date of Decision : 18/03/2010
Facts
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The appellant Shri Kamal Narayan Tiwari, vide his RTI application of 30/05/2008, sought
information from the CPIO, National Insurance Company Limited, Ballia, regarding action taken
on letter dated 10/02/2007, written by Smt. Sheela Devi, wife of his late son. He also asked for
information regarding payment of death claim as well as information pertaining to delay in
handling the matter. He also sought to know whether action had been taken against the errant
official who had caused this delay.
2. The CPIO vide his letter of 04/06/2008, informed that the master holder of the policy was
Golden Multi Service club of which the insured was a member. He also informed that the policy-
bond had been issued by Kolkata Office of the National Insurance Company Ltd. through DO3 and
asked the appellant to approach them.
3. Not being satisfied by the information provided by the CPIO, the appellant preferred appeal
before the first Appellate Authority dated 16/07/2008, which was disposed of by order of first
appellate Authority dated 13/08/2008 through which he transferred the same to the Kolkata Office
and Ballia Office with directions to provide information to the appellant and to keep him
informed of action taken in this regard.
4. Not receiving any response from the CPIO, Ballia Office or Kolkata Office, the appellant,
being aggrieved, preferred his second appeal before the Commission.
5. The matter was heard today through video conferencing. The appellant was represented by
Shri Madhusudan Srivastava. Respondents were present as above. The respondents, once again,
submitted facts as recorded above.
6. Here, it is pertinent to record that this matter had been dealt with by the Central
Information Commission vide Order in case No.CIC/AT/C/2008/00722 through which the
complainant’s RTI request dated 30/05/2008 was returned to the CPIO, Ballia, and the
Appellate Authority, with the directions that the first Appellate Authority, should pass a
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speaking order on the complainant’s first appeal dated 16/06/2008 within 04 weeks of the
receipt of this order after hearing the parties. The complainant was also issued directions to
come before the Commission if he was dissatisfied with the decision of the First Appellate
Authority.
7. At the hearing, it was confirmed from the appellant that they had not received any
communication from the first appellate Authority in response to this order.
DECISION
8. The Commission is of the view that this is a most unfortunate case where the appellant has
been trying to obtain information since May, 2008, from the public authority, regarding death
claim. The seriousness of the matter warranted immediate attention irrespective of whether an RTI
application had been put in.
9. However, even the RTI application has not received the attention that it merits and which is
mandated under the RTI Act, 2005 by the Appellate Authority of the National Insurance Company
Ltd.
10. Without a doubt, this is a fit case for issuing show cause notice to the First Appellate
Authority as to why compensation of Rs. 3 lakh should not be awarded to the appellant for the
mental anguish and hardship caused to him due to the failure of its officials appointed, as per the
RTI Act.
11. The respondent is provided with an opportunity to present their case before the
Commission in this regard on 15/06/2010 at 12.00 noon. The hearing may be attended through
video conferencing at NIC District Centre, Room No. 4&5, First Floor, Vikas Bhawan, Civil
Lines, Ballia-277001 (Contact Officer:- Shri Ahmed Saud, Scientist-D Contact No.05498-220440,
224230) by the PIO and the appellant, in case he is not satisfied with the information provided by
that date.
12. The Appellate Authority may attend the hearing through video conferencing at NIC Video
conferencing, room No.110, 1st Floor, Yojana Bhawan, No.9, Sarojini Naidu Marg, Lucknow-
226001 (Contact Officer – Shri Diwan Singh Contact Nos.: 0522-2238950 Ext.15).
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(Tarun Kumar)
Joint Secretary & Addl. Registrar
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Copy to:-
1. Shri Kamal Kishor Tiwari,
Village & Post-Bairiya,
Distt-Ballia-UP.
2. The CPIO under RTI Act, 2005,
National Insurance Company Ltd.,
Branch Office:- Dharamshala Road,
Bishunipur, Ballia-UP.
3. Shri R.K. Goyal, Appellate Authority
National Insurance Company Ltd.,
Zonal Office:-Jeevan Bhawan,
Naval Kishor Road, Hazratganj,
Lucknow-226001.