Central Information Commission
Girish Desai vs Life Insurance Corporation Of India on 25 November, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/LICOI/A/2024/622851
Girish Desai .....अपीलकर्ाग /Appellant
VERSUS
बनाम
The CPIO
Life Insurance Corporation of
India Western Zonal Office, CRM
Department, 2nd Floor Link,
'Yogakshema' Building, Jeevan
Bima Marg, Nariman Point,
Mumbai - 400021 ....प्रनर्वािीगण /Respondent
Date of Hearing : 24.11.2025
Date of Decision : 25.11.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 12.03.2024
CPIO replied on : 28.03.2024
First appeal filed on : 03.04.2024
First Appellate Authority's order : 22.04.2024
2nd Appeal/Complaint dated : 30.05.2024
Information sought:
1. The Appellant filed an RTI application dated 12.03.2024 (online) seeking the following information:
In reference to the earlier RTI request number LICWZ/R/E/24/00020 dated 26/01/2024, being the nature of allotment of the staff quarter allotment dynamic, you are requested to share the details of the vacant staff CIC/LICOI/A/2024/622851 Page 1 of 8 quarters cadre wise and location wise in the MCGM area as on the date of reply being made to this RTI application dated 12/03/2024 failing which the applicant may be forced to submit the first appeal/ CPGRAMS.
2. The CPIO furnished a reply to the Appellant on 28.03.2024 stating as under:
There is shortage of staff quarters and hence they are not earmarked cadre wise and allotted as per the need and urgency of the employees of the respondent organization. As previously informed, vide CPIO's reply dated 12.02.2024 in response to your previous RTI Application - LICWZ/R/E/24/00020 (reproduced herewith) - "The record of vacant staff quarters being dynamic in nature, the exact number of vacant staff quarters, location wise and cadre wise, is not maintained and cannot be ascertained."
As such, as per the statistical records available with the department, the total number of vacant staff quarters in MCGM area is 142, as on date.
3. Being dissatisfied, the Appellant filed a First Appeal dated 03.04.2024. The FAA vide its order dated 22.04.2024, held as under:
The aforesaid Appeal was forwarded to Regional Manager (Estates), WZO, being the deemed PIO for their observations and comments. The deemed PIO has forwarded their comments which are as under: "it is re- iterated that the staff quarter allotment in the respondent organization is an ongoing/dynamic process. Staff quarters are scattered all over the city. At the start of every financial year, the applications received by the estate department for staff quarter allotment are considered on the basis of seniority and the preferences for location given by the employee of the respondent organization.
The applicant has sought proof of "Transparency" regarding the allotment of staff quarters. It is pertinent to mention here that the allotment of staff quarters is done strictly as per guidelines given in the Estate Manual. Hence there is no vigilance angle involved in the allotment process. Further, the administrative procedure followed by the respondent organization in the allotment of staff quarters by the department does not come under the purview of RTI Act. The information as available with the department, as on date, only can be shared under RTI Act. As per the statistical records available, the total number of vacant staff quarters in MCGM area as on date is 164."
It is pertinent to mention here that under the provisions of the RTI Act, 2005, only such information, as is available and existing and held by the CIC/LICOI/A/2024/622851 Page 2 of 8 office of Public Authority or is under the control of the Public Authority, can be provided. As per the provisions of the RTI Act, 2005, the Public Information Authorities are not expected to clarify to the Applicant, the reason why a certain thing was done or not done in the sense of a justification just because the Applicant makes a requisition about information and as such the information sought regarding the administrative procedure followed by the respondent organization in the allotment of staff quarters by the concerned department does not come under the purview of RTI Act.
In view of further clarifications given by deemed PIO to all the points raised in the Appeal, the appeal of Shri Girish Desai is, as a consequence, disposed of.
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
5. A written submission dated 20.11.2025 filed by Ms. Vandana Wasnil, RM (CRM/PS)/ FAA is taken on record. Contents of the same are reproduced below for ready reference:
"Facts of the Case:
Mr. Girish Desai, the Appellant had preferred 2 RTI applications, seeking information regarding location wise and cadre wise vacant staff quarters coming under the jurisdiction of Municipal Corporation of Greater Mumbai (MCGM). The matter was referred to the Estates department, WZO being the deemed PIO and the original query and reply provided, in the matter is as follows: 1st RTI application: Mr. Girish Desai, the Appellant had preferred RTI application vide Reg. No. LICWZ/R/E/24/000020 dated 26.01.2024, seeking following information:
Query: What is the record of location wise and cadre wise vacant staff quarters in MCGM area in Mumbai?
Reply: In MCGM area, total 1442 staff quarters are located in North Mumbai, South Mumbai and Central Mumbai area of Mumbai, catering to all cadres of employees of the organization, as per cadre eligibility. The vacated staff quarter is allotted to the employee, next in line, waiting for allotment of the staff quarter. The record of vacant staff quarters being dynamic in nature, the exact number of vacant staff quarters, location wise and cadre wise, is not maintained and cannot be ascertained.
2nd RTI Application: The Appellant, based upon CPIO's reply dated 12.02.2024 in response to his previous RTI application mentioned above, then preferred another CIC/LICOI/A/2024/622851 Page 3 of 8 RTI application vide Reg. no. LICWZ/R/E/24/00059 dated 12.03.2024, seeking information as under:
Query: in reference to the earlier RTI request number: LICWZ/R/E/24/00020 dated 20.01.2024 being the nature of allotment of the staff quarter allotment dynamic, you are requested to share the details of the vacant staff quarters cadre wise and location wise in the MCGM area as on the date of reply being made to this RTI application dated 12.03.2024 Reply. There is shortage of staff quarters and hence they are not earmarked cadre wise and allotted as per the need and urgency of the employees of the respondent organization. As previously informed. vide CPIO's reply dated 12.02.2024 in response to your previous RTI Application LICWZ/R/E/4/00020 (reproduced herewith) "The record of vacant staff quarters being dynamic in nature, the exact number of vacant staff quarters, location wise and cadre wise, a not maintained and cannot be ascertained. As such, as per the statistical records available with the department, the total number of vacant staff quarters in MCGM area is 142, as on date The Appellant than preferred Appeal vide Reg. nm. LICWZ/A/E/24/30007 sed 03.04.2024, n response to CPIO's reply dated 20.03.2024, contending that "As per the RTI request, xen though the reply has been received with total count of vacant staff quarters but the information regarding the availability of staff quarter location wise has not been furnished Statistical Location wise availability of the staff quarter is a basic requirement for accommodating incoming employee on transfer unavailability of cadre wise statistical data may be considered, but gravity of location wise strength of staff quarter has a vigilance angle as the quarters may be getting allotted not as per the rules of the corporation but as per the whims of the officers looking after the process of quarter allotment. You are also requested to furnish the proof of transparency regarding the allotment of staff quarters."
In response to his Appeal, the Appellant vide Appellate Order dated 22.04.2024 was informed as follows:
is reiterated that the staff quarter allotment in the respondent organizations an ongoing/dynamic process. Staff quarters are scattered located all over the city at the start of every financial year, the applications received by the estate department for staff quarter allotment are considered on the basis of seniority and the preferences for location given by the employees of the respondent organization The applicant has sought proof of "Transparency" regarding the allotment of staff quarters. It is pertinent to mention hers that the allotment of staff quarters is done strictly as per guidelines given in the Estate Manual. Hence, there is no vigilance CIC/LICOI/A/2024/622851 Page 4 of 8 angle involved in the allotment process. Further, the administrative procedure followed try the respondent organization in the allotment of staff quarters by the department does not came under the purview of RTI Act. The information as available with the department as on date, only can be shared under RTI Act. As per the statistical records available, the total number of vacant staff quarters in MCGM area as on date in 164.
Now, the Appellant has preferred Second Appeal vide CIC case no. CIC/LICO/A/2024/622851 contending as follows: Denial on the availability of the desired information is in violation to Section 4(1)(a) of RTI Act alleging casual approach of the officials of LIC regarding disclosure of information. As per Section 8 of RTI Act, there is no mention of "exemption of the "administration procedure"
to be shared through the RTI. Information has been provided regarding the total count of the vacant staff quarters hence it is imperative to conclude that statistical location wise bifurcation of the staff present all over the MCGM area after consolidation of the quarters is maintained either manually or electronically. Information is sought as regards to location wise availability of staff quarters. On revisiting the matter, it is reiterated that total 1442 staff quarters are located in various areas of North Mumbai, South Mumbai and Central Mumbai area coming under the Jurisdiction of Municipal Corporation of Greater Mumbai (MCGM). As there is shortage of staff quarters, they are not earmarked cadre wise, in the first place and are allotted as per the availability, need and urgency of the employees of the respondent organization. The staff quarter allotment in the respondent organization is an ongoing/dynamic process commencing at the start of financial year and the allotment of staff quarters is done strictly as per guidelines given in the relevant Estate Manual. It is further clarified that the data of vacant staff quarters being dynamic in nature, the number of vacant staff quarters, location wise, keeps on changing and the process of allotment of staff quarters for the year is still going on.
In view of above, it is reiterated that information as defined under Section 2(i) of RTI Act, 2005. regarding vacant staff quarters le location wise and cadre wise, is not available with the department and hence cannot be provided under Section 2(f) of RTI Act 2005. No further information remains to be provided in the matter. Moreover, the staff quarter allotment is a routine administrative process and is an internal matter of the respondent organization, not related to any public activity/interest. It is in this context the Appellant was informed that the routine administrative procedure followed by the respondent organization in the allotment of staff quarters by the department does not come under the purview of RTI Act. In view of above, there is no violation of provisions of Section 4(1)(a) of RTI CIC/LICOI/A/2024/622851 Page 5 of 8 Act or any casual approach of the respondent regarding disclosure of information as alleged by the Appellant. Further, the CPIO has not invoked or sought any exemption from disclosure of information under Section 8 of RTI Act, in the matter, as alleged by the Appellant. The CPIO has only mentioned factual position at the both the application(s) and appeal stage as available with the concerned department.
It is also imperative to reflect on the following perspective added by the Hon'ble Supreme Court in the matter of CBSE vs. Aditya Bandopadhyay & Ors to the scope and ambit of "information" as understood under RTI Act "35. At this juncture, it is necessary to clear some misconceptions about the RTI Act The RTI Act provides access to all information that is available and existing. This is clear from a combined reading of section 3 and the definitions of information and right to information' under clauses (1) and (j) of section 2 of the Act. If a public authority has any information in the form of data or analysed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions in section 8 of the Act. But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant." In view of above, it is reiterated that information as available with the Office of Public authority, in the matter has been appropriately provided to the Appellant and no further information remains to be provided in the matter. No public interest is established in the matter.
In the light of the above submission, the Hon'ble CIC is requested to consider the case favourably and to dismiss the appeal filed by Shri Girish Desai, summarily. Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Shri Narayanan S, Regional Manager (Legal)/ Alternate CPIO along with Ms. Asha Shakti, Secretary (Estates)/Deemed PIO, Ms. Ritu Sachdev, Assistant Secretary (Estates) and Ms. Smita Narekar, Assistant Secretary (CRM) present through video conference.
6. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 30.05.2024 is not available on record. The Respondents confirmed non-service.CIC/LICOI/A/2024/622851 Page 6 of 8
7. The Respondent while inviting attention of the Commission towards the contents of their written submission stated that a reply has already been provided to the Appellant intimating the factual position that "There is shortage of staff quarters and hence they are not earmarked cadre wise and allotted as per the need and urgency of the employees of the respondent organization".
However, the number of vacant staff quarter as on the date of the initial reply was also informed to the Appellant.
Decision:
8. The Commission upon a perusal of records found that the reply given by the CPIO earlier now is incomplete and evasive, which is evident from the fact that denial of information regarding records of vacant staff quarters location wise and cadre wise by CPIO on the ground of shortage of staff without substantiating the same under any relevant exemption clause of RTI Act is not acceptable. Further, the mindless approach of FAA in blindly upholding the reply of the CPIO depicts that this case has been badly handled by the Respondents, which is not in the spirit of the RTI Act. Their conduct is not appreciated and deserves severe admonition.
9. In view of the above, the Commission directs present CPIO to take all necessary steps to procure the available information against each point of the RTI Application from the concerned record holder under Section 5(4) of the RTI Act and provide the same directly to the Appellant within 4 weeks from the date of receipt of this order, failing which he should show cause as to why penal action should not be taken against him.
10. Notwithstanding the aforesaid, considering the suspicion of the Appellant in the instant Second Appeal regarding discriminatory approach of Respondent Public Authority in allotment of staff quarters an advisory under Section 25(5) of the RTI Act is issued to the Respondent Public Authority for upfront disclosure of information regarding vacant/ allotted staff quarters cadre wise , location wise and its related orders, circulars, etc. under suo-moto disclosure in public domain by following the pattern of e-sampada portal of Government of India. They may also consider switching over to a completely online process of application for allotment of accommodation from Respondent Public Authority disclosing all available information to the applicants through the portal. This will also relieve the Respondent Public Authority from the burden of RTI applications, which are filed for seeking such clarifications.CIC/LICOI/A/2024/622851 Page 7 of 8
11. In pursuance of aforesaid advisory, the FAA is directed to place a copy of this order before the concerned Competent Authority.
12. FAA to ensure compliance of the directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date The FAA, Life Insurance Corporation of India Western Zonal Office, CRM Department, 2nd Floor Link, 'Yogakshema' Building, Jeevan Bima Marg, Nariman Point, Mumbai - 400021 CIC/LICOI/A/2024/622851 Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
1. Any other recommendation(s) to secure compliance with the provisions of the RTI Act, 2005-
Section 25 (5) of The RTI Act Powered by TCPDF (www.tcpdf.org)