Central Information Commission
Anil Kapur vs National Insurance Company Limited on 29 August, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/NINCL/A/2024/612124
Anil Kapur .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
National Insurance Co. Ltd,
Head Office, Premises
No.18-0374, Plot No. CBD-81,
New Town, Kolkata - 700156 .... ितवादीगण /Respondent
Date of Hearing : 12.08.2025
Date of Decision : 28.08.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 11.10.2023
CPIO replied on : 10.11.2023
First appeal filed on : 20.11.2023
First Appellate Authority's order : 20.12.2023
2nd Appeal/Complaint dated : 17.03.2024
Information sought:
1. The Appellant filed an RTI application dated 11.10.2023 (offline) seeking the following information:
"1. Please inform me the year of retirement of the above-mentioned employees.
2. Please inform me whether the above mentioned retired employees passed in the written exams for promotion in the year 2017 or not.Page 1 of 7
3. If these retired employees passed the written exams in the year 2017, please inform whether they were eligible for the VRS under Golden Gate Scheme or not.
4. If these employees were eligible for VRS under Golden Gate, please inform in which year their Golden gate applications were approved by the competent authority..
5. If these employees were not eligible for the Golden Gate, please inform the reasons for approving their Golden Gate applications.
6. Please inform me which officers scrutinized the Golden Gate applications of these employees at Regional Office level and at HO.
7. Please inform If the above mentioned employees were not eligible for Golden Gate Scheme, whether the company has initiated any proceedings for recovery of ex gratia amount given to them or has taken some other action.
8. Please also inform how many officers (Number of officers) were sanctioned VRS under Golden Gate scheme in the years from 2009 to 2019 who had also passed the promotional written exam. during three years prior to approval of their Golden Gate VRS applications."
2. The CPIO furnished a point-wise reply to the Appellant on 10.11.2023 stating as under:
"1. Third party information sought cannot be provided under Section 8 (1) (j) of RTI Act, 2005.
2. Third party information sought cannot be provided under Section 8 (1)
(j) of RTI Act, 2005.
3. Third party information sought cannot be provided under Section 8 (1)
(j) of RTI Act, 2005.
4. Third party information sought cannot be provided under Section 8 (1)
(j) of RTI Act, 2005.
5. Third party information sought cannot be provided under Section 8 (1)
(j) of RTI Act, 2005.Page 2 of 7
6. Information cannot be provided under Section 8 (1) (d) of RTI Act, 2005.
7. Third party information sought cannot be provided under Section 8 (1)
(j) of RTI Act, 2005.
8. Data is not maintained in ready format."
3. Being dissatisfied, the appellant filed a First Appeal dated 20.11.2023. The FAA vide its order dated 20.12.2023, held as under:
"With reference to the RTI Appeal application cited above, the queries are replied hereunder:
The PIO is expected to follow the procedure of Section 11 when he "intends to disclose any information or record". This means that the PIO has come to the conclusion that the information is not exempt as per the provisions of the RTI Act.
But in this RTI application it is noticed that the information sought by the applicant pertains to other employees of NICL which has no relation to any public activity. Therefore, this authority finds no requirement to invoke Section 11.
Whether the employees in question passed the written examinations in 2017 or not, what was their retirement year, whether they were eligible for VRS under Golden Gate or not, and the reason for approving their VRS application, who were the officers responsible for processing their VRS application, such information is purely personal and internal information held by this authority.
Hence the information sought in RTI application is third party in nature and disclosure of such information may invade privacy of these individuals therefore rejected under Section 8 (1) (j) of RTI Act, 2005. Moreover, any information related to employees / ex-employees held by the employer is fiduciary in nature and rejected under Section 8(1) e of RTI Act, 2005. Therefore, we reiterate our earlier stand."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 3 of 7Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Ms. Sanchali Lal, Chief Manager/CPIO, appeared through video conference.
5. Proof of having served a copy of Second Appeal on respondent while filing the same in CIC on 17.03.2024 is not available on record.
6. The Respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 04.08.2025 disclosing complete facts of the case and requested the Commission to place the same on record, copy of the same was sent to the Appellant. The relevant paras of the written submission are reproduced as under:
"There were 8 queries in total from the applicant where 7 queries (Question No. 1-
7) related to specific employees as listed below, and one query (Question No. - 8) was general in nature.
1. S UMA Emp. No. 46307
2. KALPANA BAJPAI Emp. No. 71570
3. KULDEEP KUMAR Emp. No. 25066
4. K JAGGA RAO Emp. No. 55366 Query No. 1: Please inform me the year of retirement of the above- mentioned employees.
Our Submission:
The information was rejected u/s 8(1)j of RTI Act, 2005 as the requested information pertaining to third party individuals and we reiterate our earlier reply.
Query No. 2: Please inform me whether the above-mentioned retired employees passed in the written exams for promotion in the year 2017 or not.Page 4 of 7
Our Submission:
The information was rejected u/s 8(1)j of RTI Act, 2005 as the requested information pertaining to third party individuals and we reiterate our earlier reply.
Query No. 3:. If these retired employees passed the written exams in the year 2017, please inform whether they were eligible for the VRS under Golden Gate Scheme or not.
Our Submission:
The information was rejected u/s 8(1)j of RTI Act, 2005 as the requested information pertaining to third party individuals and we reiterate our earlier reply.
Query No. 4: If these employees were eligible for VRS under Golden Gate, please inform in which year their Golden gate applications were approved by the competent authority.
Our Submission:
The information was rejected u/s 8(1)j of RTI Act, 2005 as the requested information pertaining to third party individuals and we reiterate our earlier reply.
Query No. 5: If these employees were not eligible for the Golden Gate, please inform the reasons for approving their Golden Gate applications.
Our Submission The information was rejected u/s 8(1)j of RTI Act, 2005 as the requested information pertaining to third party individuals and we reiterate our earlier reply.
Query No. 6: Please inform me which officers scrutinized the Golden Gate applications of these employees at Regional Office level and at HO.Page 5 of 7
Our Submission:
The information was rejected u/s 8(1)j & (d) of RTI Act, 2005 as the requested information pertaining to third party individuals and confidential in nature. Further the disclosure of such information exempted u/s 8(1)e being fiduciary in nature. Therefore, we reiterate our earlier reply.
Query No. 7: Please inform If the above-mentioned employees were not eligible for Golden Gate Scheme, whether the company has initiated any proceedings for recovery of ex gratia amount given to them or has taken some other action.
Our Submission:
The information was rejected u/s 8(1)j of RTI Act, 2005 as the requested information pertaining to third party individuals and we re-iterate our earlier reply.
Query No. 8: Please also inform how many officers (Number of officers) were sanctioned VRS under Golden Gate scheme in the years from 2009 to 2019 who had also passed the promotional written exam. during three years prior to approval of their Golden Gate VRS applications.
Our Submission:
The requested information is not maintained in ready format therefore we were unable to provide the information, and we reiterate our earlier stand due to non-availability of the sought information.
It is humbly submitted that the RTI department, Head Office, Kolkata acted with full responsibility as per the provisions of RTI Act, 2005."
Decision:
7. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, observes that service-related and retirement details of individual employees are personal information and exempt under Section 8(1)(j) of the RTI Act unless a larger Page 6 of 7 public interest justifies disclosure, which has not been demonstrated in this case. Further, internal processing of VRS applications involves fiduciary relationships and confidential records, which are protected under Sections 8(1)(d) and 8(1)(e) of the RTI Act. The Appellant neither filed any written objection nor presented himself before the Commission to controvert the averments made by the Respondent and further agitate the matter. The submissions made by the Respondent were taken on record.
8. The Commission also notes that information sought is not maintained in the desired format and the same cannot be created or collated under the RTI Act as per Sections 2(f) and 2(j) of the RTI Act. In view of the above, the Commission finds that the CPIO and FAA have appropriately dealt with the RTI application. No further intervention is warranted in this matter.
The appeal is dismissed accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, National Insurance Co. Ltd, Head Office, Premises No.18-0374, Plot No. CBD-81, New Town, Kolkata - 700156 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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