Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Adjunct to Appeal: No. CIC/DS/A/2009/000067
Appellant /Complainant : Shri Satish Kumar Yadav,
Faridabad
Public Authority : The New India Assurance Co.
Ltd. Delhi/
Mumbai ( Shri Surendra
Bhatoa,Manager
& CPIO - through video
conferencing)
Date of Hearing : 26 /08/2010
Date of Decision : 26/08/2010
Facts
:
1. Following the Commission’s order of 7 June 2010 hearing
in respect of show cause notice served on Shri S.K. Yadav,
Chief Manager, The New India Assurance Company Limited, head
office Mumbai was held today. Respondents were present as
above and submitted that the matter of making available
details of ACR to the appellant as requested in his RTI
application of 13 April 2009 was rejected by the Personnel
Department of their head office on the ground of
confidentiality and this was communicated to the applicant.
2. However when respondent received notice from the
Commission on the basis of second appeal preferred by the
applicant, the matter was reexamined after requesting the
appellant for a copy of the second appeal.
3. The respondent further submitted that the New India
Assurance Company has arranged training programme for all
CPIO’s and First Appellate Authorities at Bangalore in March
2010 where they learnt of the Commission s decisions allowing
own marks as recorded in the ACR to be given to the employee
and the same was provided to Shri Satish Kumar Yadav.
Respondents stated that they are continuously learning and
updating their understanding and knowledge of the RTI Act and
had requested that penalty not be imposed upon them.
4. In the matter of delay of 21 days in respect of providing
other information, respondents submitted that information was
to be collected by the regional office from head office as
well as from different sources within the office. This process
took some time. Meanwhile respondent wrote three letters to
the appellant dated 13th April 2009, 6th May, 2009 and 18th May,
2009 informing him of this position and requesting him to wait
for the information. Respondent also drew the attention of the
Commission to the fact that the RTI request received on 13th
April 2009 should have been replied to by 18th may 2009,
allowing five additional days for transfer of request. However
during this time the respondent wrote three letters to the
applicant assuring him that information was being collected
and would be dispatched soon thereby demonstrating their good
intentions.
5. Finally respondent averred that following the
Commission’s order of 7 June 2010 appellant had been given two
personal hearings and complete information sought by him was
provided vide their letter of 16 June 2010.
Decision
6. The Commission accepts the explanation of the respondent
as credible and drops the proposed penalty proceedings against
them.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T. K. Mohapatra)
Under Secretary & Dy. Registrar
Copy to:
1. Shri Satish Kumar Yadav
F1/12, Sector10, DLF,
Faridabad (Haryana)
2. ShriSurendra Bhatoa,
Manager & CPIO,
The New India Assurance Co. Ltd.,
Delhi Regional OfficeI,
Level5, TowerII, Jeevan Bharati Bldg.,
Connaught Circus, New Delhi110001
3. The Appellate Authority
The New India Assurance Co. Ltd.,
Head Office : New India Assurance Building,
67, M.G. Road, Fort,
Mumbai400001.