Central Information Commission
K Vijayarajan vs Life Insurance Corporation Of India on 26 August, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/LICOI/A/2024/107792
K Vijayarajan .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Life Insurance Corporation of India
Central Office, 'Yogakshema' Jeevan
Bima Marg, Nariman Point,
Mumbai - 400021 .... ितवादीगण /Respondent
Date of Hearing : 18.08.2025
Date of Decision : 25.08.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 17.11.2023
CPIO replied on : 15.12.2023
First appeal filed on : 26.12.2023
First Appellate Authority's order : 24.01.2024
2nd Appeal/Complaint dated : 11.03.2024
Information sought:
1. The Appellant filed an (offline) RTI application dated 17.11.2023 seeking the following information:
"I, K.Vijayarajan S/o D.Krishnan residing at Plot No.*******, K.K.Nagar, Chennai 600078, Mobile No.****66013 would like to state that I was an employee of LIC Housing Finance Limited under Employee Identification Page 1 of 9 No. (SR No.24004) from 17.02,1992 to 30.09.2022 and the Provident Fund was deducted by my employer and remitted to LIC PF Trust till a point of time. In this regard I wish to seek the following information under Right to Information Act 2005:-
1. The entire Statement of Provident Fund remittance done by LIC Housing Finance Ltd and remitted into my PF Account under Office Code1210, Name of Employee - Vijayarajan K and S R No.24004 with Western Zonal Office, Mumbai.
2. The period of remittance received from LIC Housing Finance Limited in my PF Account.
3. The year wise interest credits given to my PF account from my date of Joining till the amount was transferred.
4. The reason for transfer of my PF Account to EPFO and the relevant copy of communication received for transfer of my PF fund to EPFO.
5. The date of transfer of my PF fund to EPFO.
6. The details of transfer of my Provident Fund such as the amount transferred and to whom it was transferred."
2. The CPIO furnished a reply to the Appellant on 15.12.2023 stating as under:
"Reply 1,2 &3:
The applicant is informed that relevant soft file has been shared with LIC HFL vide email dated 12.09.2023. Applicant may seek information from LIC HFL.
Reply 4:
The applicant is informed that the decision of transferring PF contribution of the employees of LIC HFL was taken by LIC HFL itself. Details of the same are not available with this office of the Public Authority.
Reply 5:
The applicant is informed that date of transfer from PF fund to LIC HFL is 01.07.2019. Date of transfer PF fund to EPFO may be sought from LIC HFL.
Reply 6:
The amount Rs. 33,28,298/- pertaining to Shri K. Vijayrajan (Employees identification No.24004 was transferred by LIC PF WZO to HFL on 01.07.2019."Page 2 of 9
3. Being dissatisfied, the appellant filed a First Appeal dated 26.12.2023. The FAA vide its order dated 24.01.2024, held as under.
"On perusing the online RTI application dated 17.11.2023, the CPIO's reply dated 15.12.2023 and the First appeal received by post on 28.12.2023, I inform the appellant that based on the response received by the concerned department, CPIO had rightly responded to the queries.
CPIO has provided information for all the queries raised by the appellant at RTI application stage, on the basis of information available in this office of Public Authority.
The CPIO cannot create information in the manner as sought by the appellant. The CPIO is only a communicator of information based on the records held in the office and hence, he cannot be expected to do research work to deduce anything from the material therein and then supply for the applicant.
In support of this, relevant CIC decisions are quoted. CIC File No. CIC/BS/A/2013/000606/4903 dated 11.04.2014 Mr. Mohan Sharma v/s CPIO & Sr. Superintendent of Post Offices Department of Posts:
"Under the provisions of the RTI Act only such information as is available and existing and held by the public authority or is under control of the public authority can be provided The PIO is not supposed to create information that is not a part of the record. He is also not required to interpret information or furnish replies to hypothetical questions. Similarly, redressal of grievance, reasons for non-compliance of rules/contesting the actions of the respondent public authority are outside the purview of the Act."
For the queries raised by the appellant I inform for query Nos. 1 to 3 that in the first week of April every year PF certificate to each and every member of PF TRUST wherein details regarding accumulated balance, month wise contributions during the year and interest credited during the year is given. As such the information required is already provided either in physical form or through email.
The certificate already issued cannot be retrieved as the file containing information is overwritten every year.
Page 3 of 9Moreover, month wise remittances (employee wise soft file) from 2013 to 2019 along with fund transfer details have been provided to LICHFL vide email dated 12.09.2023 and 13.09.2023 LIC HFL was requested, vide WZ PF department's email dated 12.09.2023, to visit PF Department, WZO for photocopying the employee wise records from 2002 to 2009.
For query No.4, the appellant is informed that the decision of transferring PF contribution of the employees of LIC HFL was taken by LIC HFL itself. Details of the same are not available with this office of the Public Authority.
The Appellant is informed that the information sought pertains to LIC Housing Finance Ltd. In this connection, we wish to inform you that LIC HFL is a company governed by the Company Act and is a separate entity. The CPIO, LIC of India has no access to the records held by the Company, LIC HFL. However, as per information available with this office of the Public Authority, the applicability of RTI Act to LIC HFL is sub-judice before the Hon'ble Bombay High Court under Writ Petition No. 2327 of 2009.
In this context, I quote here below the following CIC case: Second Appeal no. CIC/LICOI/A/2019/107712 dated 05/11/2020 Mamta Kumari vs. LIC Housing Finance Ltd., Ranchi "This Commission observes that the respondent has drawn the attention of the Commission to the judgment pronounced by the Hon'ble High Court of Bombay vide Order dated 18.01.2010 wherein it had granted stay on the applicability of the RTI Act, 2005 to their organization i.e. LIC Housing Finance Ltd in the Writ Petition No. 2327 of 2009 which is pending adjudication before the Hon'ble High Court of Bombay. Hence, this Commission is of the considered opinion that due to the matter being sub-judice regarding applicability of the RTI Act, 2005 to the LIC Housing Finance Ltd, no further directions can be issued by the Commission during pendency of the said writ petition".
We are returning herewith the Postal Order Rs. 10/- (Postal order No. 50f 039572 dated 22.12.2023). No fee is payable at appeal stage.
I conclude that the CPIO has complied with the provisions of the RTI Act, 2005 completely and I dispose off this appeal of Shri K. Vijayarajan received by post on 28.12.2023, with this Order."
Page 4 of 94. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the following grounds:
"ln the RTI reply for query 1,2,& 3, Public information Officer had informed that the "relevant soft file has been shared with LICHFL vide email dated 12.09.2023. Applicant may seek information from LICHFL". The Appellate Authority in its reply had stated that " month wise remittance (employee wise soft copy) from 2013 to 2019 along with fund transfer details hove been provided to LIC HFL vide email dated 12.09.2023 and 13.09.2023" and further stated " LICHFL was requested vide WZ PF departments email dated 12.09.23 to visit PF Department WZO for photocopying the employee wise records from 2OO2 to 2009' . Hence both the CPIO and the Appellate Authority had failed to provide the entire statement of Provident fund remittance made by LIC Housing Finance Ltd and remitted into my PF Account under Office Code 1210, Name of Employee -Vijayarajan K and SR No.24004 with LIC of India, Western Zonal Office, Mumbai from the year 1992 (year of joining in service of LICHFL) to 01.07.2019 (Date of transfer of funds to LICHFL as per RTI reply). Since the entire statement of Accounts of PF remittance to my account was not provided, I had preferred this second appeal.
Further to Reply 4 for Query 4, the Appellate Authority had replied in general citing the applicability of RTI Act to LICHFL is subjudice before the Hon'ble Bombay High Court". Since LIC is a organization covered under the RTl Act, providing the copy of communication received from LICHFL for transfer of my PF fund to EPFO cannot be construed as a matter sub judice and hence I may be provided with the copy of the correspondence between LIC and LICHFL for transfer of my PF funds to EPFO. Moreover, there is no mention of any injunction having been granted by the Hon'ble Court without which taking shelter under the word "subjudice" is only a ploy to subvert and circumvent the provisions of the RTI Act. therefore humbly submit that this Hon'ble information Commissioner may be pleased to direct the LIC of India to furnish the information called for and thus render justice ."
5. A written submission dated 14.08.2025 filed by Bichitra Mahapatra, Executive Director (RTI)/FAA is taken on record. Relevant extracts of the same are reproduced below for ready reference:
"....We now humbly submit before the Hon bile CIC that:Page 5 of 9
Appellant is employee of LICHFL The PF fund of employees of LICHFL was managed by LIC of India till August 2018 LICHFL decided to transfer its employees PF corpus from LIC PF Trust to EPFO wef September 2018 Accordingly month wise remittances (employee wise soft file) from 2013 to 2019 along with fund transfer details have been provided to LICHFL vide email dated 12.09 2023 and 13.09.2023 Appellant had sought the information on entire statement of Provident Fund remittance done by LICHFL, the period of remittance received from LICHFL and the year wise interest credits given to his PF account It is hereby informed that in the first week of April every year PF certificate was issued to each and every member of PF trust wherein details regarding accumulated balances, month wise contribution during the year and interest credited during the year was given As such the information required was already provided in physical form or through email to the Appellant. He is seeking information which was already provided to him.
Moreover, the certificate already issued cannot be retrieved as the file containing information is overwritten every year.
Further the Appellant seeks copy of communication received from LICHFL for transfer of his PF fund to EPFO Appellant has already been informed that the decision of transferring PF contribution of the employees of LICHFL was taken by LICHFL itself. Separate correspondence with LICHFL in respect of transfer of PF of this particular Appellant is not available with us.
The Appellant has raised objection for mentioning LICHFL court case. It is submitted that it was mentioned to highlight that the entire information lies with LICHFL and as an employee he can get the same from LICHFL. The CPIO, LIC cannot access the information available with LICHFL.
The CPIO cannot create information in the manner as sought by the appellant. The CPIO is only a communicator of information based on the records held in Page 6 of 9 the office and hence, he cannot be expected to do research work to deduce anything from the material therein and then supply to the Appellant.
In support of this, relevant CIC decisions are quoted.
CIC File No. CIC/BS/A/2013/000606/4903 dated 11.04.2014 Mr. Mohan Sharma vis CPIO & Sr. Superintendent of Post Offices Department of Posts:
"Under the provisions of the RTI Act only such information as is available and existing and held by the public authority or is under control of the public authority can be provided The PIO is not supposed to create information that is not a part of the record. He also not required to interpret information or furnish replies to hypothetical questions. Similarly, redressal of grievance, reasons for non-compliance of rules/contest in actions of the respondent public authority are outside the purview of the Act.
In view of the above, we request the Hon'ble Information Commissioner to close the s appeal dated 06.03.2024 filed by Shri K Vijayarajan."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference.
Respondent: Ms. Madhvi Tari, Secretary (RTI) present through video conference.
6. Proof of having served a copy of Second Appeal on respondent while filing the same in CIC on 11.03.2024 is not available on record. On query, the Respondent confirms non-service.
7. The Appellant while reiterating the contents of his instant Appeal contended that complete information particularly the break wise details of his PF contribution since 1992 onwards has not been provided to him till date.
8. The Respondent invited attention of the Commission towards the contents of their written submission and stated that point-wise reply along with relevant information as is held in their office records has already been Page 7 of 9 provided to the Appellant. She further submitted that it was already informed to the Appellant that "Appellant is employee of LICHFL The PF fund of employees of LICHFL was managed by LIC of India till August 2018 LICHFL decided to transfer its employees PF corpus from LIC PF Trust to EPFO wef September 2018 Accordingly month wise remittances (employee wise soft file) from 2013 to 2019 along with fund transfer details have been provided to LICHFL vide email dated 12.09.2023 and 13.09.2023. Appellant had sought the information on entire statement of Provident Fund remittance done by LICHFL, the period of remittance received from LICHFL and the year wise interest credits given to his PF account. It is hereby informed that in the first week of April every year PF certificate was issued to each and every member of PF trust wherein details regarding accumulated balances, month wise contribution during the year and interest credited during the year was given As such the information required was already provided in physical form or through email to the Appellant. He is seeking information which was already provided to him. Moreover, the certificate already issued cannot be retrieved as the file containing information is overwritten every year. Further the Appellant seeks copy of communication received from LICHFL for transfer of his PF fund to EPFO. Appellant has already been informed that the decision of transferring PF contribution of the employees of LICHFL was taken by LICHFL itself. Separate correspondence with LICHFL in respect of transfer of PF of this particular Appellant is not available with us. The Appellant has raised objection for mentioning LICHFL court case. It is submitted that it was mentioned to highlight that the entire information lies with LICHFL and as an employee he can get the same from LICHFL. The CPIO, LIC cannot access the information available with LICHFL."
9. Lastly, the Respondent summed up her submission by stating that Appellant being employee of LIC HFL can directly access the information from LIC HFL out of RTI context. Further, he must be having records of certificate/statement of PF remittance as issued to the employee every year by the PF trust.
Decision:
10. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records observes that as far as RTI application is concerned there is no infirmity in the reply and as a sequel Page 8 of 9 to it further clarifications tendered by the Respondent during hearing, as the same was found to be in consonance with the provisions of the RTI Act.
11. Intervention of the Commission is not warranted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Life Insurance Corporation of India Central Office, 'Yogakshema' Jeevan Bima Marg, Nariman Point, Mumbai - 400021 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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