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Central Information Commission

G Mohan vs New India Assurance Co. Ltd. on 11 November, 2016

                       Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place,
                            New Delhi-110066
                            website-cic.gov.in

                        Case No. CIC/MP/A/2016/001267

     Appellant                      : Shri G. Mohan, Madurai

     Public Authority               : The New India Assurance Co. Ltd., Mumbai

     Date of Hearing                : 27th October, 2016

     Date of Decision               : 02nd November, 2016.

     Present
     Appellant                      : Present through VC.

     Respondent                     : Ms. Ranjana Nigot, Dy. Manager & Shri
                                      Lalit, Asstt. Manager through VC.

     RTI application                :   22.02.2016
     CPIO's reply                   :   01.03.2016
     First Appeal                   :   19.03.2016
     FAA's order                    :   Not adjudicated
     Second Appeal                  :   10.05.2016

     Information Commissioner : Manjula Prasher

                                        ORDER

1. The appellant, Shri G. Mohan, submitted RTI application before the Central Public Information Officer (CPIO), New India Assurance Co. Ltd. (NIACL), Mumbai seeking the names of those Development Officers who retired under the Special Voluntary Retirement Scheme, 2003 and were given notional benefit of five years addition to their qualifying service for the purpose of calculation of pension; names of those Development Officers who were given notional benefit of less than five years addition to their qualifying service for the purpose of calculation of pension through two points.

2. The CPIO denied the information under the provisions of Section 8(1)(j) of the RTI Act, 2005 being third party information. Dissatisfied with the decision of the CPIO, the appellant approached the first appellate authority (FAA). The FAA had not adjudicated on the appeal filed by the appellant.

3. Thereafter dissatisfied with the decision of the respondents, the appellant filed the present appeal before the Commission stating that during the year 2014- 15, the Hon'ble High court and the Apex Court had directed the NIACL to add the notional weightage of five years addition to the qualifying service to special voluntary scheme 2003 optees. This was an administrative exercise and the information sought was not privileged or classified or prohibited third party information. The respondents had wrongly denied the information being third party information.

4 The matter was heard by the Commission. The appellant stated that he sought information regarding Development Officers who had sought VRS and sought information regarding the notional benefit given to them for VRS, as he also opted for VRS and was working as Development Officer during those days. The information was denied by the respondents u/s 8(1)(j) of the RTI Act, 2005. The respondents stated that the information sought by the appellant was undoubtedly personal information of third party whose privacy deserves to be protected. No public interest justifies the disclosure of such information and providing personal information causes unwarranted invasion of privacy of the third party concerned, thus attracting the provisions of section 8(1)(e), (g) and (j) of the RTI Act. They further added that it was a special Voluntary Retirement Scheme. After that the NIACL did not give any notional benefit to subsequently retiring Development Officers.

5. The Commission accepts the submissions of the respondent authority and holds that the information as sought by the appellant pertained to third parties, and no larger public interest or activity is substantiated by the appellant for disclosure of such information and cannot be provided under the provisions of CIC/MP/A/2016/001267 2 Section 8(1)(e) and (j) of the RTI Act. However, the CPIO is directed to provide the number of Development Officers who were given notional benefit on both the points along with reasons thereof within twenty days of the receipt of the order of the Commission. The appeal is disposed of.

(Manjula Prasher) Information Commissioner Authenticated true copy:

Deputy Registrar Address of the parties:

Shri G. Mohan, The Central Public Information Officer, 21/16, Chidambaranar Street, The New India Assurance Co. Ltd., Balaji Nagar, Thiruparamkundram, Regd. & Head Office, Madurai-625005 (Tamilnadu) New India Assurance Building, 87, M.G. Road, Fort, Mumbai-400023.

The DGM/FAA, The New India Assurance Co. Ltd., Regd. & Head Office, New India Assurance Building, 87, M.G. Road, Fort, Mumbai-400023.