CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00624
Dated, the 12th December, 2008
Appellant : M/s. Jagruti Securities Limited
Respondents : The United India Insurance Company Limited
This matter came up for hearing on 11.12.2008 in response to
Commission’s hearing notices dated 11.11.2008 and 26.11.2008. Appellant was
represented by his Counsel, Ms.Mili V. Thakkar and Ms.Shital V. Thakkar,
while the respondents were represented by Shri Shirish Kale, Regional Manager
and Shri R.M. Damle, Officer-in-charge.
2. Appellant’s Counsel submitted that in response to CIC order dated
29.02.2008, respondents had provided to her client (M/s.Jagruti Securities Ltd.)
inspection of parts of the file related to appellant’s RTI-application dated
29.08.2006. Commission had earlier directed on 29.02.2008 to the Appellate
Authority to dispose of the petition of the appellant following which Appellate
Authority on 02.04.2008 directed that petitioners may inspect the subject-file.
3. It is the submission of the appellant that the entire file/files in the matter
related to the RTI-application cited above has not been shown to her client
specially the portion dealing with what she describes as “claim notes”.
4. Respondents stated that it was their corporate policy not to disclose “claim
notes”. They also urged that disclosure of “claim note” would be contrary to the
exemption provision in Section 8(1)(e) of RTI Act.
5. Respondents’ submission deserves to be rejected as corporate directions
cannot override the provisions of the RTI Act. Their quoting Section 8(1)(e) of
the Act in support of not disclosing the requested information, viz. the claim
notes, is also untenable and is rejected. Nothing in this item of information can
be said to centre round any relationship which answers the description of
fiduciary.
6. In view of the above, it is directed that the entire file ⎯ excluding nothing
and surely including “claim notes” ⎯ shall be allowed to be inspected by the
appellant within two weeks of the receipt of this order and the appellant shall be
allowed to take such copies including certified copies which he may wish to have
following the inspection. No fee shall be charged to the appellant for
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transmission of the requested information or copies / certified copies of the
documents in view of the delay which has been caused by wrongful refusal of the
appellant’s request for disclosure of the entire information in the light of the
Commission’s order dated 29.02.2008.
7. The Appellate Authority, Shri A. Asthana, General Manager is hereby
warned to be careful in applying the provisions of the Act and carrying out
instructions of the Commission in matters of disclosure of information. The
AA’s action in withholding a part of the information, despite the Commission’s
order, on the basis of some corporate instruction was wholly unbecoming of a
statutory appellate authority, which he was. Any recurrence of such behaviour
shall be visited by strict action.
8. Appeal disposed of with these directions.
9. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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