Central Information Commission
Mr.A Rahamathullah vs Life Insurance Corporation Of India on 6 November, 2012
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal: No. CIC/DS/A/2012/000961
Appellant /Complainant : Shri A.Rahamathullah, Tirupur (Tamilnadu)
Represented by Shri T.S. Premchand
Public Authority : LIC of India, Coimbatore (Tamilnadu)
(Sh. M.G. Rajagopal, CPIO & Sh.N.R. Chauhan,
CPIO -
Through videoconferencing)
Date of Hearing : 06 November 2012
Date of Decision : 06 November 2012
Facts:
1. Appellant submitted his RTI application dated 14 December 2011 before the CPIO, LIC of India, Coimbatore seeking the details in respect of various guidelines and rules of employment prevailing with the Public Authority through 13 points.
2. Vide CPIO Order dated 7 January 2012, CPIO denied the disclosure of the information under section 8 (1) (e) of the RTI Act, 2005.
3. Not satisfied with the CPIO's Reply, the Appellant preferred first Appeal to the First Appellate Authority dated 14 January 2012.
4. Vide FAA Order dated 7 February 2012; FAA upheld the CPIO's Order.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today via videoconferencing. Appellant was present at Tirupur while the Respondents were present at Coimbatore.
7. Appellant submitted that he is an employee of the LIC of India and thus seeking the information under the RTI Act, 2005.
Appeal: No. CIC/DS/A/2012/000961
8. Respondents submitted that the information sought by the Appellant is in the fiduciary capacity of the Public Authority.
Decision Notice
9. The Commission is of the view that the information sought by the Appellant does not attracts section 8 (1) (e) of the RTI Act, 2005 as Appellant is only seeking the general guidelines and rules of employment prevailing in the Public Authority. Such disclosures would not encroach upon / violate any fiduciary relationship. Hence, the Commission directs the CPIO as follows :
1. Information as sought in Points 3, 5, 6, 7, 8 and 10 of the RTI Application has to be provided to the Appellant.
2. Information in point no. 12 of the RTI Application need not be provided as the source of information was the Appellant himself and not the Public Authority.
3.
10. Information as above has to be provided free of cost to the Appellant within two weeks of the receipt of the Order.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri A.Rahamathullah Assistant LIC of India, 130, Palani road Udumalpet Tirupur642126 (TN) Appeal: No. CIC/DS/A/2012/000961
2. The CPIO Manager (C RM) LIC of India, Divisional office Jeevan Prakash, India Life Bldg., Post Box No. 3810, Trichy Road Combatore641018 (T.N.)
3. The Appellate Authority Sr. Divisional Manager LIC of India, Divisional office Jeevan Prakash, India Life Bldg., Post Box No. 3810, Trichy Road Combatore641018 (T.N.) Appeal: No. CIC/DS/A/2012/000961