Central Information Commission
Mr.Abhay Kumar vs Ut Of Chandigarh on 18 April, 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/2010/001810
Appellant /Complainant : Shri Abhay Kumar, Palamu (Jharkhand)
Public Authority : The New India Assurance Co. Ltd., Patna
(Dr. Sarita Mishra, AA/Mgr. & Sh. M.K.R.P. Jonko,
Dy. Mgr./CPIO - through videoconferencing)
Date of Hearing : 18 April 2012
Date of Decision : 18 April 2012
Facts:
1. Appellant submitted RTI application dated 15 April 2010 before the CPIO (Shri Rajesh Kumar), The New India Assurance Company Limited, Patna to seek information through three points regarding action taken on his representation dated 8 November 2009 and the rules applicable to accident vehicles and action taken against officials who had given false affidavit pertaining to authenticity of police report before the High Court, Ranchi - enclosed herewith as Annexure A.
2. Vide CPIO is letter dated 4 May 2010, the appellant was informed that there is no person by the name of Shri Rajesh Kumar holding post of the CPIO and the prescribed fee under the RTI Act was returned to the appellant.
3. Appellant preferred appeal dated 10 May 2010 before the first appellate authority against the above order.
Appeal: No. CIC/DS/A/2010/001810
4. Vide FAA order dated 4 March 2011, point wise information was furnished to the appellant.
5. Appellant preferred second appeal before the Commission. Matter was heard today via videoconferencing. Respondent was heard from Patna and appellant made submissions from Palamu.
Decision notice
6. Both parties have been heard. In respect of point 1, respondent will provide the file notings which finally led to the decision taken by the Chief Regional Manager.
7. In respect of point 3, respondent will inform appellant if any action has been taken or initiated against those persons who gave false affidavit before the honourable High Court.
8. Information to be provided within two weeks of receipt of the order.
9. Through this order, notice is issued to the former CPIO, Shri V K Gupta currently posted as Manager, Regional Office, Kolkata to show cause why penalty should not be imposed upon him for not having responded to the RTI application as per the provisions of the RTI Act and for having denied disclosure of information on grounds other than those permissible under the Act. He is directed to send a written submission within four weeks of receipt of the order and is directed to appear for personal hearing along with the present CPIO via videoconferencing on 07.06.2012 at 11.00 AM at NIC Video Conferencing Studio, State Centre, 3rd Floor, Technology Bhawan, Bailey Appeal: No. CIC/DS/A/2010/001810 Road, Patna800015 (Bihar) , Contact Officer Mr. Sanjay Kumar, ScientistD and Contact Nos : 06122220964 / 2236198 /(2545964 New).
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. ShriAbhay Kumar C/o Sh. Jai Narayan Prasad Chairman Road, Hamidganj Daltonganj, Palamu822101(Jharkhand)
2. The CPIO Manager The New India Assurance Co. Ltd., Patna RO : 6th & 7th Floor, BSFC Building, Fraser Road, Patna800001(Bihar)
3. The Appellate Authority Regional Manager The New India Assurance Co. Ltd., Patna RO : 6th & 7th Floor, BSFC Building, Appeal: No. CIC/DS/A/2010/001810 Fraser Road, Patna800001(Bihar)
4. Shri V.K. Gupta Manager The New India Assurance Co. Ltd., Regional Office Barick Bhawan, 8 Chittranjan Avenue Kolkata700072. (West Bengal) Appeal: No. CIC/DS/A/2010/001810