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/2010/000660
Appellant /Complainant : Smt. Tanmayee Ranjan,
Ghaziabad
Public Authority : The Oriental Insurance
Co. Ltd.,N.Delhi
(Sh. P.K. Jha, Dy.General
Manager,
CPIO and Shri V.V. Mohlla,
Manager)
Date of Hearing :
Date of Decision : 11.01.2011
Facts
:
1. In pursuance of non compliance of the
Commission’s directions in case No.
CIC/DS/A/2010/000660 Dated 16.7.2010, the CPIO, The
Oriental Insurance Company Ltd., was directed to
explain the reasons on which the information has not
been provided to the appellant even though over 2
months had elapsed since the passing of the
Commission’s order – vide Commission’s notice dated
1.10.2010.
2. In response, the CPIO has stated that the
Commission’s decision was conveyed to NIA and GIPSA.
GIPSA was asked vide letter dated 5th August, 2010 to
obtain a copy of the answer sheet from NIA and
provide the same to the CPIO.
3. Vide letter dated 13th August, 2010 GIPSA
informed the Personnel Department of OIC regarding
the inability to comply with the Commission’s order
due to not having a mandate from the member
companies.
4. The order of the CIC was then sent by Oriental
Insurance Co. Ltd. to National Insurance Academy
(NIA) with a request to provide a copy of the said
answer sheet of the applicant. As per letter dated
4.10.2010 from OIC, “NIA, Pune has replied vide
letter dated 9.9.2010 (Ref our letter dated
20.8.2010) stating that as per the Professional
Service Agreement between GIPSA and NIA (dated
01.02.2007) – Article 2 : NIA’s obligations, point
2.7 clearly states that “GIPSA will retain the
ownership of the copyright and all other intellectual
property rights (“IPR”) vested in Deliverables”.
In view of the forgoing we are unable to obtain the
required information in spite of our best efforts
either from GIPSA or from NIA.”
Decision
5. After perusing the facts on record the
Commission can not agree with a view that evaluation
of answer scripts is a ‘Deliverable” since no
economic value can be attributed to answer scripts.
Therefore, the plea on which the answer scripts is
being denied is bad in law and will not stand
judicial scrutiny. Furthermore in view of NIA’s
letter dated 23.12.2009 addressed to Chief Executive,
GIPSA proposes that the custody of questions and
answer sheets should be with the GIPSA since on
account of constraint of space, NIA was having
difficulty in maintaining the same, it can not be
held by GIPSA that they are not the holders of
information. Similarly no professional Service
Agreement between GIPSA (which is a public authority)
and NIA can over ride the provisions of the RTI Act
and GIPSA is obliged to satisfy the orders of the
Commission by providing answer sheet to the
appellant. Through this order the Commission issues
notice to the CPIO, GIPSA to show cause why penalty
should not be imposed upon him for not having carried
out his mandated functions as per the provisions of
the RTI Act, 2005. Opportunity of personal hearing
is provided to him on 4.2.2011 dated 12.30 PM for
which he is directed to present himself before the
Commission . Appellant may attend the hearing if she
so desires.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T.K.Mohapatra)
Under Secretary & Dy. Registrar
Copy to:
1. Smt. Tanmayee Ranjan,
123/2, 2nd. Floor,
Sector.III A,. Vaishali
Distt: Ghaziabad (UP).
2. Shri P.K. Jha
Dy.General Manager, CPIO
The Oriental Insurance Co. Ltd.
Oriental House, P.B. No.7037
A25/27, Asaf Ali Road,
New Delhi110002.
3. The Appellate Authority
The Oriental Insurance Co. Ltd.
Oriental House, P.B. No.7037
A25/27, Asaf Ali Road,
New Delhi110002.
4. The Central Public Information Officer
General Insurance (Public Sector) Association of
India
3rd. Floor, Jeevan Vihar (Rear portion)
Sansad Marg, New Delhi110001.