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
Appeal No. CIC/WB/A/2008/000917-DS
Appellant : Shri Prakash C. Seth Mumbai
(through video conferencing at NIC, Mumbai)
Public Authority : General Insurance Co. Ltd., Mumbai
Date of Hearing : 02/03/2010
Date of Decision : 03/03/2010
Facts
:-
The appellant Shri Prakash C. Seth, vide his RTI application of 06/04/2009, sought
information from the CPIO, Tariff Advisory Committee (TAC), on 03 issues as follows:-
2. The CPIO responded to it by his order of 23/04/2009 stating that there is no record
available with them in respect of the information sought. He has also referred to order of the
Commission dated 15/11/2008 and quoted the same for establishing that the appellant was satisfied
with the previous action taken by them in another RTI application on the same issue.
3. The appellant went in first appeal vide application dated 12/05/2009 which was responded
to by the first Appellate Authority vide their order of 28/05/2009 which upheld the CPIO’s order.
In this order he too has quoted from the Commission’s order dated 15/11/2008 pertaining to IMT-
16 wherein it was stated that the appellant was satisfied with the action taken by the respondent in
respect of a previous RTI application.
4. The appellant has now come before the Commission in second appeal.
5. The matter was heard today. The appellant was present through video conferencing at
NIC, Mumbai. The respondents were not present.
6. We have today received fax letter from CPIO TAC stating that they did not appear for the
hearing since they had received the Commission’s notice dated 22/02/2010 only in the evening of
02/03/2010.
7. The appellant presented his case and submitted the brief facts pertaining to the case. He
averred that in response to an RTI application made by him to the CPIO, TAC dated 02/03/2009,
he sought a copy of the report of inquiry, if any, conducted to investigate into the occurrence of the
said error/oversight, to verify the reasons behind the said oversight, and to advise ways and means
to present future occurrence of such oversights. He also stated in this RTI application that if no
inquiry have been conducted , the reasons for not conducting such inquiry may be provided.
8. The CPIO in his reply dated 26/03/2009 stated as follows:-
A:- No such inquiry has been conducted. B:- In view of the inadvertent nature of the error, no inquiry was called for.
9. The appellant stated that he had made the RTI application currently being heard as the
matter was of great public interest. To support his contention, he quoted recent figures published
by the National Crime Records Bureau that about 11,000 road accidents occur in Indian daily
killing or seriously injuring about 1530 persons every day. He further stated that as per a report
published by IRDA, almost 15% of persons dead or injured in road accidents are non-owner, non
paid drivers. He emphasized before the Commission that many innocent claimants all over India
must have lost their claims because of TAC’s ‘error’ during that period of more than 3 years when
the said ‘error’ prevailed and, therefore, TAC’s contention to dismiss the said error as an
inadvertent error and hence no inquiry is called for is not in keeping with larger public interest.
DECISION
10. The Commission agrees that this matter is in larger public interest and directs the
respondents to provide full and complete information sought by the appellant vide his RTI
application within 03 weeks of receipt of this order. Compliance report to be sent to this
Commission.
11. The matter is disposed of with the above directions.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(Tarun Kumar)
Joint Secretary & Addl. Registrar
Copy to:-
1. Shri Prakash C. Seth,
1103-Sulsa Apartment,
254- Ridge Road,
Mumbai-400006.
2. The Public Information Officer,
Under RTI Act, 2005,
Tariff Advisory Committee,
Head office: Ador House,
Ist/2Nd Floor, 6, K. Dubash Marg,
Mumbai-400023.
3. The Appellate Authority,
Under RTI Act, 2005,
Tariff Advisory Committee,
Head office: Ador House,
Ist/2Nd Floor, 6, K. Dubash Marg,
Mumbai-400023.