Central Information Commission
Balwinder Singh Multani vs Life Insurance Corporation Of India on 24 September, 2020
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/Second Appeal Nos. CIC/LICOI/A/2018/172752
CIC/LICOI/A/2018/172701
Balwinder Singh Multani ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, Life Insurance Corporation ... ितवादी/Respondent
Of India, Chandigarh.
Relevant dates emerging from the appeal:
RTI : 28-09-2018 FA : 22-10-2018 SA : 19-12-2018
CPIO : 23-10-2018 FAO : 17-11-2018 Hearing: 21-09-2020
ORDER
1. Since the matter involves adjudication of identical legal issues, therefore, these 2nd appeals are being clubbed together and disposed of by a common single order.
CIC/LICOI/A/2018/172752
2. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation Of India, Chandigarh seeking following information:-
"1. A copy of Audit and Inspection reports of F&A department of B.O. Derabassi for 2013-2014, 2014-2015 and 2015-2016 with Names and designations of officials who conducted the Audit and Inspection.
2. The copy of QMA reports of QMA visit done by F&A department of Divisional Office of F&A department of B.O. Derabassi for FY 2013-2014, 2014-2015 and 2015-2016 with Names and designations of officials who conducted QMA visit.
3. The copy of Monthly review done by F&A department for reconciliation of A/C -III of B.O. Derabassi for FY 2013-2014, Page 1 of 4 2014-2015 and 2015-2016 with Names and designations of officials who conducted Monthly review.
4. The copy of report of Surprise Vigilance Check done of F&A department for of B.O. Derabassi for FY 2013-2014,2014-2015, and20l5-2016 with Name and designations of officials who conducted Surprise Vigilance Check.
5. The copy of report of Special Audit of A/Cs and NB closing especially of F&A department of B.O. Derabassi for FY 2013- 2014,2014-2015 and 2015-2016 with Names and designations of officials who conducted Special Audit.
6. A copy of Enteral Auditor's report of final A/Cs closing of F&A department of B.O. Derabassi for FY 2013-2014,2014-2015, and2015-2016 with Names and designations of officials/ CA who conducted External Audit.
7. A copy of duties of HGA (A/C) specifically at Branch Office Level.
8. A copy of Office Orders dated 12.05.2015 issued by Senior Branch Manager Derabassi regarding allotment of jobs within of Account department.
9. Copies of A/C -III Bank Reconciliation Statements of B.O. Derabassi from 0l .04.2013 to 30.04.2015.
10. Copy of Key Movement Registers & Cashier Key Movement Register for period 01.04.2013 to 30.04.2015.
11. Supply me the Name of Training programmes and period for which HOD of Account department of B.O. Derabassi was given training for handling of Accounts department at B.O. level during 01.05.2015 to 30.06.2016."
3. The CPIO responded on 23-10-2018. The appellant filed the first appeal dated 22-10-2018 which was disposed of by the first appellate authority on 17-11- 2018. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.
CIC/LICOI/A/2018/172701
4. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation Of India, Chandigarh seeking following information:-
1. "The Name and Designation of Employee / Officer who first noticed the above mentioned case of irregularities and informed the same to the Management.Page 2 of 4
2. The Name and Designation of Officer/ Officers who have conducted primary inquiry and supply me the primary inquiry report with personal statements of employees/ officers.
3. A copy of recommendations / comments of Divisional level authorities i.e. Senior Divisional Manager, Manager (P&IR) and any other Officers at Divisional Level regarding this case.
4. A/C-III Bank Reconciliation Statements of BO-Derabassi from May 15 to May 16.
5. Date of Origin (inception) i.e. the date from which the irregularity in BRS A/C-III was started.
6. A/C-III Bank Statements of relevant dates from May 15 to May 16 showing Encashment of cheques.
7. Pay-in-slips for the period May 15 to May 16.
8. Key Movement Register/ cashier Key Movement Register for the period May 15 to May16.
9. Copy of personal cheques lodged by Sh. Karambeer Singh, HGA, SR No. 180946 at cash counter of BO Derabassi since the inception of irregularities."
5. The CPIO responded on 22-10-2018. The appellant filed the first appeal dated 22-10-2018 which was disposed of by the first appellate authority on 16-11- 2018. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.
Hearing:
6. The appellant, Mr. Balwinder Singh Multani attended the hearing through audio conferencing. Ms. Poornima Mishra, Manager/CPIO and Ms. Salja Bodh, AO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.
7. The appellant contended that the vigilance enquiry has already been over and therefore, the exemption u/Section 8(1)(h) of the RTI Act, 2005 is not applicable.
8. The respondent submitted that the matter relates to the vigilance enquiry which is not yet over and therefore, they have claimed exemption u/Section 8(1)(h) of the RTI Act, 2005.
Decision:
9. This Commission directs the respondent to provide a revised reply to the appellant thereby enclosing a proof of the continuing vigilance enquiry along with cogent justifications for claiming exemption u/Section 8(1)(h) of the RTI Act, Page 3 of 4 2005, within a period of 15 working days from the date of receipt of this order. If the disclosure of information has potential to impede the process of investigation/prosecution, it need not be disclosed in terms of the decision of the Hon'ble Delhi High Court in W.P. (C) 3543/2014 titled as Adesh Kumar v. Union of India &Ors. Since the concerned CPIO had not informed the appellant regarding pending vigilance enquiry at the initial stage, he/she is cautioned to be more meticulous in future and not to contravene the provisions of the RTI Act, 2005.
10. With the above observations, these appeals are disposed of.
11. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा)
Neeraj Kumar Gupta (नीरज ा
सूचना आयु )
Information Commissioner (सू
दनांक / Date:21-09-2020
Authenticated true copy
(अिभ मािणत स यािपत ित)
S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Addresses of the parties:
1. The CPIO
Life Insurance Corporation Of India, Manager (CRM) & Nodal CPIO, RTI Cell, Divisional Office, Jeevan Prakash Building, Sector- 17-B, Chandigarh- 160017.
2. Balwinder Singh Multani Page 4 of 4