Central Information Commission
Mr.Ramdeer Chowhan vs Insurance Division on 8 May, 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/2011/002094
Appellant /Complainant : Shri Ram Dulare Chauhan, Azamgarh (UP)
Public Authority : Oriental Insurance Co. Ltd., Lucknow
(Sh. S.C. Sharma, CPIO and Sh. Rakesh Baronia -
Through videoconferencing)
Date of Hearing : 08 May 2012
Date of Decision : 08 May 2012
Facts:
1. Appellant submitted RTI application dated 6 January 2011 before the CPIO, Oriental Insurance Company ltd., Lucknow seeking a copy of the stay order of the Allahabad High Court in the Civil Appeal no. FAFO no. 1414/2003.
2. Vide CPIO Order dated 14 February 2011, CPIO informed the Appellant that being the party to the case, the information (certified copy of the stay Order) must be available with the Appellant and hence cannot be provided.
3. Not satisfied by the CPIO's Reply, the Appellant preferred first Appeal to the First Appellate Authority dated 25 February 2011.
4. Vide FAA Order dated 17 March 2011, the FAA asked the Appellant to approach the court to seek the information.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today via videoconferencing. Appellant was present at Azamgarh and Respondents were present at Lucknow.
7. Respondents submitted that Appellant is a party to the suit and the information can be accessed from the Court's website.
Appeal: No. CIC/DS/A/2011/002094
8. Appellant submitted that the information, as of date is not available through the Court's registry. Further, the Respondents being the party to the suit are 'holders of the information' which can be provided as per the RTI Act, 2005.
Decision Notice
9. The Commission is of the view that Appellant, a party to the suit, is being represented by an Advocate who is competent enough to retrieve the copy of the said stay order from the court itself.
10. But as Appellant has submitted that the information is not accessible through the court's registry and in the interest to disclosing 'information' as per the Objectives of RTI Act, 2005, the Commission hereby directs the Respondents to provide the copy of the stay order of the Allahabad High Court in the Civil Appeal no. FAFO no. 1414/2003 to Appellant.
11 Information is to be provided within two weeks of the receipt of the order.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Ram Dulare Chauhan S/o LateRamdheerChauhan At + P.O. - Narauli, Police Station - Sidhari DistrictAzamgarh (UP) Appeal: No. CIC/DS/A/2011/002094
2. The CPIO Regional Manager Oriental Insurance Co. Ltd., Regional Office : Jeewan Bhawan 3rd. Floor, PB No. 97, 43, Hazratganj, Lucknow226001(UP)
3. The Appellate Authority Dy. General Manager Oriental Insurance Co. Ltd., Regional Office : Jeewan Bhawan 3rd. Floor, PB No. 97, 43, Hazratganj, Lucknow226001(UP) Appeal: No. CIC/DS/A/2011/002094