Central Information Commission
Mrssakshi vs The Oriental Insurance Co. Ltd. on 9 July, 2014
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
websitecic.gov.in
Appeal: No. CIC/DS/A/2013/001174/MP
Appellant : Smt. Sakshi, Ludhiana
Public Authority : OICL, Chandigarh
Date of Hearing : 9 July 2014
Date of Decision : 9 July 2014
Present:
Appellant: Ms. Saakshi represented by her husband,
Shri Rakesh Satja - through VC.
Respondent: Shri Ish Munjal, Chief Regional
Manager/FAA, Sh. A.S. Srivastav, RM and
Sh. M. Singh, DM/CPIO -through VC.
Facts:
1. The appellant, Smt. Sakshi, submitted RTI application dated 23 November 2012 before the Central Public Information Officer (CPIO), Oriental Insurance Co. Ltd, Chandigarh; seeking information regarding business secured by the Divisional Office, Amritsar for Group Mediclaim Insurance of employees of SGPC and its affiliated institutions for that year through competitive tender etc., through a total of 5 points.
2. Vide reply 8 January 2013, CPIO furnished information on point no. 1 and denied rest of the information u/s 8(1) (d) of the RTI Act, 2005. Not satisfied with the CPIO's reply on point nos. 2 to 5, the appellant preferred appeal dated 4 February 2013 to the first appellate authority (FAA) alleging that he had been wrongly denied the information by the CPIO concerned. Vide order dated 26 February 2013, FAA upheld the CPIO's decision and held that requested information was also exempted u/s 8(1)(e) of the RTI Act, 2005.
3. Not satisfied with the response of the public authority, the appellant preferred second appeal before the Commission.
4. The matter was heard today. The appellant's representative sought information regarding the copy of the office notes w.r.t the tender called by the public authority i.e. Amritsar Divisional Office and Chandigarh Regional Office. Also, the details of the commission given to the agents, cost benefit analysis, premium received by the public authority as on 31/10/2012.
5. The CPIO submitted that the information sought may not be provided to the appellant since the information related to the commercial confidence and trade secret of the public authority. The CPIO stated that the information if disclosed would reveal the functioning of the insurance company and how the final rate/costing is arrived by the public authority. Such a disclosure would give the competitors an edge over the public authority. Also, the information about the clients, tenders and agent's Commission is kept in the fiduciary capacity with the bank and hence section 8 (1)(d) and 8 (1)
(e) of the RTI Act, 2005 is getting attracted.
Decision Notice
6. The CPIO will give a speaking order with reference to each point justifying the exemption sought within 7 days of receiving the Commission's order.
(Manjula Prasher) Information Commissioner Authenticated true copy:
(T.K.Mohapatra) Deputy Secretary & Dy. Registrar Tele. No. 01126105027. Copy to:
Central Public Information Officer The Oriental Insurance Co Ltd Chief Regional Manager, Surendra Bldg., SCO 109111, Sector 17D, Chandigarh 160017.
First Appellate Authority The Oriental Insurance Co Ltd Chief Regional Manager, Surendra Bldg., SCO 109111, Sector 17D, Chandigarh 160017.
Ms. Sakshi 24FF, Geetanjali Apartments, Block 'E', Rishi Nagar, Ludhiana141001.