Central Information Commission
Mrjamohan Lal Chadha vs Life Insurance Corporation Of India on 20 July, 2015
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
websitecic.gov.in
Appeal: No. CIC/MP/A/2014/002423
Appellant : Shri Jamohan Lal
Chadha, Karnal.
Public Authority: Life Insurance Corporation of India,
Karnal.
Date of Hearing : 14th July, 2015.
Date of Decision : 20th July, 2015.
Present :
Appellant :
Present & Shri Gurmit Singh, Advocate
assisted the
appellant through VC.
Respondent : Shri R.N.
Bhat, Manager (CRM)/CPIO & Shri
Sanjaya
Arora, AAO through VC.
ORDER
1. The appellant, Shri Jamohan Lal Chadha submitted RTI application dated 21.04.2014 before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Karnal seeking action taken on his complaint dated 29.01.2014 against Shri Rajbir Singh, an employee of LIC, Karnal for using abusive words on 28.01.2014 and also sought copies of notice issued to Shri Rajbir Singh, written explanation offered by him, copies of statements of witnesses recorded, notings given by various officials of the LIC on the said enquiry, final report etc.
2. The CPIO vide letter dated 19.08.2014 provided copies of written complaint dated 23.4.2014 and 11.7.2014 along with observation called from Sr. Branch Manager. The appellant was further informed that on the basis of observation submitted by Sr. Branch Manager, the competent authority had decided to close the complaint. Dissatisfied with the reply of the CPIO, the appellant filed an appeal on CIC/MP/A/2014/002423 1 05.09.2014 before the first appellate authority (FAA). The FAA vide order dated 26.09.2014 concurred with the decision of the CPIO.
3. Thereafter the appellant filed the present appeal before the Commission.
4. The matter was heard by the Commission. The appellant stated that the respondents had not provided the copy of notice issued to Shri Rajbir Singh, copy of enquiry report and statement of witnesses. The respondents reiterated that the CPIO had provided copies of written complaints dated 23.4.2014 and 11.7.2014 along with copy of observation called from sr. Branch Manager dated 30.3.2014. The appellant was also informed that on the basis of observation submitted by Sr. Branch Manager, the competent authority had decided to close the complaint.
5. The Commission holds that the information sought by the appellant relating to copies of notice issued to Shri Rajbir Singh, his written explanation, copy of enquiry report etc. which cannot be provided under the provisions of Section 8(1)(j) of the RTI Act. The outcome of appellant's complaint had been communicated to the appellant. In this regard the Hon'ble Supreme Court of India in the matter of Girish Ramachandra Deshpande Vs. CIC & Ors [SLP (Civil) No. 27734] vide judgement dated 03.10.2102 held that copies of all memos issued, show cause notices and orders of censure/punishment etc. are qualified to be personal information as defined in clause (j) of Section 8(1) of the RTI Act. The Commission finds no reason to intervene in the matter. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
(T.K. Mohapatra) Dy. Secretary & Dy. Registrar Ph. No. 011-26105027 CIC/MP/A/2014/002423 2 Address of the parties:
Shri Jamohan Lal Chadha, S/O Shri Kishori Lal Chadha, Vill: Shamgarh, Dist. Karnal-132116 (Haryana) The Central Public Information Officer, Life Insurance Corporation of India, Divisional Office, PO.B. No. 106, Jeevan Prakash, 489, Model Town, Karnal-132001.
The First Appellate Authority, Life Insurance Corporation of India, Divisional Office, PO.B. No. 106, Jeevan Prakash, 489, Model Town, Karnal-132001.CIC/MP/A/2014/002423 3