CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/01551
Dated, the 27th May, 2009.
Appellant : Shri N.K. Kaushik
Respondents : Life Insurance Corporation of India
This matter came up for hearing on 21.05.2009 pursuant to
Commission’s notice dated 08.04.2009. Both parties were present.
2. It is seen from the RTI-application dated 29.05.2008 of the
appellant and the position vis-à-vis the requested information taken by
CPIO through his communication dated 14.07.2008 and the Appellate
Authority’s decision dated 25.08.2008, that except information relating
to appellant’s queries at Sl.Nos.1 and 2 ⎯ which was also earlier
provided to his wife, Smt.Mithlesh Sharma in the context of her
second-appeal No.CIC/AT/A/2008/00618 ⎯ respondents had not
provided to the appellant any other information largely on the ground
of information being third-party information, personal to that party,
and citing the exemption under Section 8(1)(d) of the RTI Act.
3. After hearing the submissions of both sides, the following
decisions are given:-
4. As regards items A.1 and A.2, it is directed that the information
shall be provided to the appellant as requested. Time ⎯ two weeks.
5. As regards items A.3, A.5 and A.7, it is noted that these relate to
information pertaining to investigative and disciplinary action taken
against certain other employees by the public authority. It is directed
that these employees may be asked to express their consent for
disclosure of the requested information to appellant (Section 11(1)).
A decision regarding whether or not to allow the appellant to inspect
these files can be taken on consideration of the objection, if any,
received from the third-parties. Time ⎯ four weeks.
6. As regards item A.6, the respondents informed that the
third-party, Shri R.K.Saxena has since died.
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7. It is directed that the file relating to Shri Saxena and as
mentioned in appellant’s RTI-application may be allowed to be
inspected by the appellant within four weeks of the receipt of this
order on a day and time to be intimated to him in advance. Appellant
shall be allowed to take such copies including certified copies on
payment of such fees that may be determined by the CPIO.
8. As regards Part-B of appellant’s RTI-request, the respondents’
plea that the queries in this part of the appellant’s RTI-application
related to the public authority’s commercial information disclosing
which would impair its competitive position and thereby would attract
the prohibition under Section 8(1)(d) of the RTI Act is debatable. Most
of these queries only relate to Rules / Instructions and directions.
9. On the face of it, all information relating to instructions,
directions, etc. should be disclosed and if a plea of commercial
confidence under Section 8(1)(d) is taken then a clear-cut and speaking
order should be passed as to how a requested information attracted
exemption. It is not open to the public authority or the CPIO or the
Appellate Authority to take omnibus plea of commercial confidence and
thereby dismiss an RTI-query.
10. In view of the above, it is directed that the matter be remitted
back to the Appellate Authority & Sr. Divisional Manager for him to
decide the matter de-novo within four weeks of the receipt of this
order in respect of both Parts A and B of the appellant’s
RTI-application. In respect of Part-A, the directions given in paragraphs
4, 5 and 7 above should be followed by the Appellate Authority. The
matters regarding Part-B should be decided by the Appellate Authority
after duly considering each item of the query and examining the Rules
and Instructions thereof for the purpose of disclosure.
11. Appeal disposed of with these directions.
12. Copy of this direction be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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