Central Information Commission
Smt. Sulabha Prakash Sawargaonkar vs Life Insurance Corporation Of India on 20 October, 2021
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीयअपीलसं या/Second Appeal No. CIC/LICOI/A/2020/109547
Mrs. Sulabha Prakash ... अपीलकता /Appellant
Sawargaonkar
VERSUS
बनाम
CPIO ... ितवादी/Respondent
Life Insurance Corporation of India
Pune Divisional Office-1, Jeevan
Prakash University Road, PB No.
529, Shivajinagar, Pune-411005
Relevant dates emerging from the appeal:-
RTI : 29-01-2019 FA : 26-02-2019 SA : 26-02-2020
CPIO : 04-02-2019 FAO : 22-03-2019 Hearing: 18-10-2021
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) Life Insurance Corporation of India, Pune Division Office-1, Pune-411005. The appellant seeking information is as under:-
"To earn the experience certificate worked at Pune camp branch no. 953 for the period 6th Jan 1986 to 31st March 1986 (85 days) as clerk temporary basis."
2. The CPIO vide letter dated 04-02-2019 had denied the information sought by the applicant under section 8(1)(h) of the RTI Act, 2005.Being dissatisfied with the same, the appellant has filed first appeal dated 26-02-2019 and requested to provide the information to her. The FAA vide order dated 22-03- 2019 upheld the reply of CPIO and disposed the Appeal. She has filed a second appeal before the Commission on the ground that information sought has not Page 1 of 3 been provided to her and requested to direct the respondent to provide complete and correct information.
Hearing:
3. The appellant did not attend the hearing despite being served the hearing notice. The respondent, Ms. Kavita Kamble, CPIO/Manager (CRM) along with Ns. Jennifer Pereira, Manager attended the hearing through audio-call.
4. The respondent submitted their written submissions dated 13.10.2021and the same has been taken on record.
5. Ms. Kavita Kamble submitted that vide their letter dated 04.02.2019, they have informed the appellant that, "the selection of Temporary Workman matter is proceed under Central Government Industrial Tribunal (CGIT) or Supreme Court. As per above Sec. 8(1) (h), unable to give information about the same."
Decision:
6. The Commission, after hearing the submissions of the respondent and after perusal of records, observes that the appellant has sought information regarding her temporary appointment in LIC in the year 1986. That the information sought by the appellant has been denied by the respondent on the ground that since the matter of temporary appointments is subjudice with CGIT/Supreme Court, therefore the desired information cannot be provided to the appellant as per section 8 (1) (h) of the RTI Act, 2005. That the said contention of the respondent is being rejected as the Commission is of the opinion that just because the matter is subjudice before the Hon'ble Supreme Court, the respondent cannot invoke section 8 (1) (h) of the RTI Act. Therefore, the information sought should have been provided to the appellant.
7. In view of the above, the Commission deems it fit to direct the respondent to provide a revised reply vide which the relevant documents/records related to the appellant's employment, if exists on record of the respondent should be provided to the appellant within 30 days from the date of receipt of this order.
8. With the above observations, the appeal is disposed of.
9. Copy of the decision be provided free of cost to the parties.
नीरजकु मारगु ा)
Neeraj Kumar Gupta (नीरजकु ा
सूचनाआयु )
Information Commissioner (सू
दनांक / Date : 18-10-2021
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Authenticated true copy
(अिभ मािणतस#यािपत ित)
S. C. Sharma (एस. सी. शमा ),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Addresses of the parties:
1. CPIO
Life Insurance Corporation of India
Pune Divisional Office-1,
Jeevan Prakash University Road,
PB No. 529, Shivajinagar, Pune-411005
2. Mrs. Sulabha Prakash Sawargaonkar
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