Central Information Commission Judgements

Shri Rajesh Bhardwaj vs New India Assurance Company … on 18 June, 2009

Central Information Commission
Shri Rajesh Bhardwaj vs New India Assurance Company … on 18 June, 2009
                 CENTRAL INFORMATION COMMISSION
                               .....

F.No.CIC/AT/A/2009/000335
Dated, the 18th June, 2009.

Appellant : Shri Rajesh Bhardwaj

Respondents : New India Assurance Company Limited

This matter came up for a hearing on 09.06.2009 pursuant to
Commission’s notice dated 13.05.2009. Appellant was absent when
called. Respondents were present through Shri A.K. Malhotra, Deputy
Manager and Shri Atul Jerath, Regional Manager & CPIO.

2. Appellant in his RTI-application dated 07.11.2008 raised 13 set of
queries on diverse subjects addressed to the CPIO, New India Assurance
Company Limited. He received the reply from the Appellate Authority
on 30.12.2008 to his first-appeal dated 22.12.2008. Appellate
Authority, in his order, noted that CPIO, Delhi Regional Office-II ought
to have responded to the appellant’s RTI-application within the time
stipulated under the RTI Act. Appellate Authority advised the CPIO to
be careful in matters involving RTI-applicants. He further directed the
CPIO to provide specific replies to the appellant. CPIO thereafter
provided certain information to the appellant on 14.01.2009, which the
appellant found inadequate.

3. I am in agreement with the appellant that the replies furnished
by the respondents to his queries are not commensurate with the text
of the queries. Respondents have not stated anything about appellant’s
specific requests for documents and records. CPIO’s reply is rambling
and unconnected to the queries. He was not required to give his
opinion about what appellant had asked in his RTI-application but to
provide specific information after evaluating what information could be
disclosed in relation to each item of query. Unfortunately, this basic
exercise was not done by the CPIO.

4. In the circumstances of this case, I find that best that can be
done is to remit this matter back to the Appellate Authority for him to
hold a hearing in this matter comprising the appellant, the holder-of-
the-information or its holders and the CPIO to take up each of
appellant’s queries and to identify the specific information that needed

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to be provided against each such query. This may be done within four
weeks of the receipt of this order by Appellate Authority.

5. Appeal accordingly disposed of.

6. Copy of this direction be sent to the parties.

( A.N. TIWARI )
INFORMATION COMMISSIONER

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