Central Information Commission Judgements

Mr.Surendra Chandra Pathak vs Insurance Division on 10 December, 2010

Central Information Commission
Mr.Surendra Chandra Pathak vs Insurance Division on 10 December, 2010
                       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


                      Adjunct to Appeal: No. CIC/DS/A/2010/000303

Appellant                 :         Shri S.C.Pathak, Munger (not present)

Public Authority          :         National Insurance Co. Ltd., Kolkata/Patna
                                    (Mr.A.Bhattacharya & Mr.Yasraj Singh-CPIO, Mr. Surojit
                                    Mukherjee, through video conferencing)

Date of Hearing           :         10/12/2010

Date of Decision          :         10/12/2010

Facts

:-

In pursuance of show cause notice issued through order of even number dated
29/10/2010 hearing was held today. Respondent was present as above and heard through
video conferencing.

Decision

2. After hearing the submissions of the respondent Commission notes that
respondent could not offer any credible explanation as to why the CPIO, Head Office,
Kolkata did not provide information to the appellant in response to his RTI application
dated 15/01/2009. It is further noted that CPIO, in complete disregard of the directions of
the First Appellate Authority given to him vide order dated 24/03/2009 failed to take
action to obtain the requested information and forward the same to the appellant within
02 weeks of the date of the order.

3. Therefore in pursuance of the powers vested in this Commission, penalty of Rs.
25,000 is imposed on Shri M C Aggarwal the then CPIO, Head Office, Kolkata (currently
posted as CRM, Jaipur). The Chairman & MD, National Insurance Co. Ltd., Kolkata is
directed to recover the amount of Rs.25, 000/- from the salary of the CPIO and remit the
same by a demand draft or a Banker’s cheque in the name of the Pay & Accounts Officer,
CAT, payable at New Delhi and send the same to Shri Pankaj K.P.Shreyaskar, Joint
Registrar and Deputy Secretary of the Central Information Commission, 2nd Floor,
August Kranti Bhawan, New Delhi-110066. The amount may be dedeucted at the rate of
Rs. 5000/- per month every month from the salary of the CPIO and remitted by the 10 th of
every month starting from January, 2010. The total amount of Rs. 25, 000/- will be
remitted by 10th of May, 2010.

4. Commission accepts the explanation given by the CPIO, Regional Office Patna as
credible and drops proposed penalty proceedings against him.

(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy

(T.K. Mohapatra)
Under Secretary & Deputy Registrar
(Tel: 011-26105027)
Copy to:-

1. Shri S.C.Pathak,
Puraniganj,
Jamalpur Road,
Munger-811201 (Bihar).

2. The CPIO,
National Insurance Company Ltd,
Regd & Head Office,
3, Middleton Street,
Kolkata-700071.

3. The CPIO,
National Insurance Company Ltd,
Patna Regional Office,
Sone Bhawan,
4th Floor,
Birchand Patel Marg,
Patna-800001.

4. Shri M.C.Aggarwal, CRM,
National Insurance Company Ltd,
Jaipur Regional Office,
Jeevan Nidhi, 2nd Floor,
Ambedkar Circle,
Bhawani Singh Road,
Jaipur,
Rajasthan-302005.

5. The Chairman cum MD,
National Insurance Company Ltd,
Head Office,
3, Middleton Street,
Kolkata,
West Bengal-700071.

6. Shri Pankaj K.P.Shreyaskar,
Joint Registrar and Deputy Secretary,
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi-110066.