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/2009/000895-DS
Appellant : Shri S. K. Mishra, Patna(through video conferencing at NIC, Patna)
Public Authority : LIC of India, Patna(through Shri Nivejan Mishra, CPIO)
(through video conferencing at NIC, Patna)
Date of Hearing : 23/02/2010
Date of Decision : 23/02/2010
Facts
:-
RTI application dated 08/05/2009 seeking information through 12 questions was presented
by Shri S.K. Mishra to CPIO, LIC, Patna enclosed as Annexure-1.
2. The CPIO responded vide his order dated 21/05/2009 informing the appellant that their
office did not maintain records in the format sought by him and denied information disclosure
quoting sub section 9 of section 7 of the RTI Act.
3. The appellant went in first appeal before first Appellate Authority vide application dated
15/06/2009 which was responded to vide order of first Appellate Authority dated 13/07/2009
which also stated that the information sought was too voluminous and diverse in nature and not
maintained in the form sought by the appellant thereby upholding CPIO’s order under sub section
9 of section 7 of the Act. In addition, the Appellate Authority ordered that the information is
exempted from disclosure under sub section (d),(e)&(j) of section 8(1) and section 11 of the Act
and, accordingly, disposed of the first appeal of the appellant.
4. Shri S.K. Mishra has come before the Commission against the orders of the CPIO and the
AA.
5. The matter was heard today through video conferencing. Both the appellant and the
respondents were present. Both parties presented their case forcefully. The respondent began by
stating that:-
(1) the information sought was in tabular form on CD but the appellant had not
indicated the nature of the tabular form.(2) He also stated that the information was not available in the form asked for by the
appellant but was held in registers, files, vouchers etc.
(3) That there is no LIC Bihar Circle and currently there is in existence LIC East-Central Zonal Office which covers the states of Bihar, Orissa and Jharkhand. Bihar
state is covered by 9 Divisions. Therefore, it was not clear as to which geographical
area was covered by the appellant in his RTI application.
(4) That East Central Zonal Office was set up in April, 2007 and, therefore, it was not
possible to provide information covering a period of 10 to 15 years as desired by the
appellant.
(5) He also stated that in the hierarchy of LIC there was no designation such as General
Manager in respect of whom the appellant had sought information.
(6) There is no Corporate Mumbai Office in respect of which the appellant has sought
information instead Mumbai is covered by LIC’s Central Office.
(7) The information asked for is extremely voluminous and by way of example, he
referred to question 12 of the RTI application which asked for information on
25000 Class I Officers and 22000 Class II officers.
(8) In order to provide information only in respect of Q12, the CPIO would have to
peruse thousands of files and lakhs of vouchers, payment registers and individual
payment registers. Also this information was not available in tabular form.
(9) The information sought and Zerox copies requested was in respect of tenders/
contracts and was commercial in nature involving third party and also fiduciary
thereby attracting the relevant exemption clauses in the Act.
6. The appellant, on the hand, sought transparency and accountability in the working of the
public sector corporation through the information sought by him.
DECISION
7. After hearing the submissions of both parties, it is ordered that the respondents will provide
information covering two years in respect of Qs 1(A) & 1(B) which will be by way of data in Nos.
without names and qualification.
Q2&Q3:- The respondents will provide guidelines for financial support for purchase
of ambulance and medical equipment. These guidelines will be obtained from their Central
office.
Q4:- The request is rejected since the information sought pertains to third party.
Q5&6:- The respondent will provide all circulars covering tender process and expenses
towards grants for cultural, social and medical charities for two years from the East Central
Zone. The same may also be put up on the website of the public authority in terms of
section 4 of the RTI Act.
Q7&8:- The appellant will be allowed inspection of the concerned files of the East Central
Zone. This information pertains to grants to NGOs, activist organizations etc. by the PR
Department of LIC for organising programmes since public funds are involved.
Q9&10:-The respondent will also provide a list of empanelled agencies for printing
electronic and outdoor advertising along with guidelines governing their selection in the
interest of transparency in the functioning of the public authority.
Q11&12:- The respondent will provide total expenses/consolidated expenses as per their
trail balance-sheet since the public funds are involved.
8. The above information will be provided within six weeks of receipt of this order.
Additional time is being given since it is the closing of the financial year.
9. The appellant seeks inspection of files particularly those covered by Qs 11&12 and of those
documents that do not attract sub sections (d), (e) & (j) of section 891) and section 11 of the Act.
10. This may be allowed at a mutually convenient date after 15/04/2010.
11. Inspection can be completed within one week.
12. The appellant can be provided Zerox copies of the relevant documents on payment of the
prescribed fees.
13. The appellant seeks to inspect files covered under Q1(A)&(B). Since this request is in
respect of third party information which has no relationship to any public activity and interest and
also will cause unwarranted invasion of the privacy of the individuals concerned, the same is being
disallowed.
14. Ordered as above.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(Tarun Kumar)
Joint Secretary & Addl. Registrar
Copy to:-
1. Shri S. K. Mishra,
Budh Nagar Rd. No.3,
Lohia Nagar, Patna-20.
2. The Regional Manager/CPIO,
Under RTI Act, 2005,
LIC of India,
Jeevan Deep Building, Exhibition Road,
Vth floor, Patna-800001.
3. The Zonal Manager/Appellate Authority,
Under RTI Act, 2005,
LIC of India,
Jeevan Deep Building, Exhibition Road,
Vth floor, Patna-800001.