Central Information Commission
Mr.Dilip Sarkar vs National Insurance Co. Ltd. on 6 December, 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/2012/001069
Appellant /Complainant : Shri Dilip Sarkar,Kolkata (WB)
Public Authority : National Insurance Co. Ltd., Kolkata
(Sh. Bhattacharya, CPIO & Sh. Amithava Das, AA -
Through videoconferencing)
Date of Hearing : 06 December 2012
Date of Decision : 06 December 2012
Facts:
1. RTI application dated 9 February 2012 was preferred by the appellant before the CPIO, National Insurance Company Limited, Kolkata to obtain information regarding action taken on his request dated 25 January 2012 for reevaluation of his answer sheet along with a certified photocopy of his answer sheet, question booklet and master answer sheet etc.
2. Vide CPIO order dated 22 March 2012 the RTI application was transferred to the custodian Department. The CPIO, of Personnel Department denied disclosure of the requested information vide his order dated 5 April 2012.
3. Applicant preferred appeal dated 13 March 2012 before the first appellate authority who disposed of the matter vide FAA order of 9 April 2012 who directed the CPIO, Custodian Department to provide inspection of answer sheet to the appellant.
4. Appellant preferred second appeal before the Commission.
5. Matter was heard today via videoconferencing from Kolkata where respondent as above were present and made submissions. Appellant was heard from North 24 Parganas. Appellant submitted that he had been shown his answer sheet from a distance on 4 December 2012 and that he was not satisfied at all. CPIO submitted that Appeal: No. CIC/DS/A/2012/001069 a decision was taken on 10 March 2011 by all the GIPSA companies and NIA Pune was asked to preserve answer sheets for 90 days.
Decision notice
6. After hearing both parties Commission directs the CPIO to provide a photocopy of the appellant's own answer sheet for the examination held on 18 December 2011 to him in compliance of the Supreme Court order on this matter in the Aditya Bandhopadhyaya case. The public authority can in no way dilute the directions of the court by passing internal guidelines to restrict the disclosure of the answer sheets to providing an opportunity for inspection only (restricted to 15 mins as per the averments of the CPIO). Accordingly Commission directs the CPIO to provide copy of the appellants answer sheet to him within one week of 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 Dilip Sarkar 43/A, Gopal Seth Road Sukchar, North 24 Parganas Kolkata700115 (WB)
2. The CPIO Chief Manager National Insurance Co. Ltd., Regd. & H.O. : 3, Middleton Street P.B.No. 9229, Kolkata700071 (WB) Appeal: No. CIC/DS/A/2012/001069
3. The Appellate Authority Dy. General Manager National Insurance Co. Ltd., Regd. & H.O. : 3, Middleton Street P.B.No. 9229, Kolkata700071 (WB) Appeal: No. CIC/DS/A/2012/001069