Central Information Commission
Mr.Sanjay Kumar Khare vs Insurance Division on 28 November, 2011
1
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/C/2010/000800
Appellant /Complainant : Shri Sanjay Kumar Khare, Mumbai
Public Authority : National Insurance Academy,Pune/
Chennai ( Sh. R.Das, Sh. S.B. Jog, Sh.
Narsimha Rao, CPIO & Sh. Govind
Rajan,
AA - through videoconferencing)
Third Party : Sh. A.K. Bhandari, CE & 4 others from
G
GIPSA - through videoconferencing)
Date of Hearing : 28 November 2011
Date of Decision : 28 November 2011
Facts:
1. Appellant submitted RTI application dated 16 July 2009 before the CPIO, National Insurance Academy, Pune seeking information relating to the marks and the ranking provided to him of the Promotion Examination of GIPSA companies on 14.6.2009.
2. The Commission vide its Order 20 December 2010 remitted the matter back to the CPIO in the case.
3. Being aggrieved and not being satisfied by the response of NIA despite the above order of Commission the appellant preferred complaint before the Commission
4. Respondents were present at the hearing through Videoconferencing. The third party, GIPSA was also present at the hearing in person.
5. The respondents submitted that they have filed Writ Petitions in two similar cases at Madras High Court and there is a stay against the Appeal: No. CIC/DS/C/2011/000800 2 Commission's order by the High Court. The appellant through audio conferencing submits that there is no stay against the order of the Commission.
Decision notice
6. After hearing both the parties, the commission directs the respondents to given affidavit as per their averments at the hearing and a certified copy of the stay order to the appellant within one week of the receipt of this order and the Commission reserves its decision till the matter is finally decided by the Madras High Court.
7. However, if , as claimed by the appellant, there is no stay granted against the Commission's order, then the law as laid down by the Supreme Court in Central Board of Secondary Education & Anr. Vs Aditya Bandopadhyay & Ors : Civil Appeal No. 6454 of 2011 regarding "Disclosure of Answer Sheets" will apply and the marks will have to be disclosed to the Appellant.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1.. Shri Sanjay Kumar Khare A312, Adarsh CHS Spring Mills Compound, G.D. Ambedkar Marg, Dadar (East), Mumbai400014
2. The CPIO Chief Administrator Appeal: No. CIC/DS/C/2011/000800 3 National Insurance Academy Balewadi,Baner Road, NIA P.O., Pune411045 (Maharashtra)
3. The CPIO United India Insurance Co. Ltd., Head Office, United India 24, Whites Road, Chennai600014 (Tamilnadu)
4. The Appellate Authority Chief Executive General Insurers'(Pub.Sec.)Assn of India 3rd. Floor (Rear Wing) Jeevan Vihar Building, Parliament Street, New Delhi 110001 Appeal: No. CIC/DS/C/2011/000800