Sunder Lal vs Life Insurance Corporation Of India on 24 November, 2022

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Central Information Commission

Sunder Lal vs Life Insurance Corporation Of India on 24 November, 2022

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 No. CIC/LICOI/A/2021/124049

Shri Sunder Lal                                      ... अपीलकता /Appellant
                                    VERSUS
                             बनाम
CPIO                                                 ...!ितवादी/Respondent
Life Insurance Corporation Of India,
Divisional Office, P.O.-Box No-106,
Jeevan Prakash, 489, Model Town,
Karnal-132001

Relevant dates emerging from the appeal:-

RTI : 01-01-2021             FA     : 24-02-2021          SA       : 24-06-2021

CPIO : 25-01-2021            FAO : 20-03-2021             Hearing: 18-11-2022

                                    ORDER

1. 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, Karnal. The appellant seeking information is as under:-

2. The CPIO vide letter dated 25-01-2021 has given reply to the appellant sought at point 2 and denied point 1 under section 8(1)(d) of RTI Act 2005. Being dissatisfied with the same, the appellant has file first appeal dated 24-02- 2021 and requested that the information should be provided to him. The FAO Page 1 of 3 vide order dated 20-03-2021 upheld CPIO reply. He has filed a second appeal before the Commission on the ground that information sought has not been provided to himand requested to direct the respondent to provide complete and correct information.

Hearing:

3. The appellant attended the hearing through video conferencing. The respondent, Ms. Anju Dhavan, Manager (CRM) & CPIO attended the hearing through video-conferencing.

4. The written submissions of the respondent are taken on record.

5. The appellant submitted that till date no information has been provided to him by the respondent on his RTI application dated 01.01.2021. He stated that the respondent has wrongly denied the information to him.

6. The respondent, during the hearing, reiterated the reply given by the CPIO and submitted that the information sought by the appellant is preliminary fact finding inquiry and no administration action was initiated against the appellant on the basis of this report. The information sought is an internal document/correspondence which is exempted from disclosure under the RTI Act.

Decision:

7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant is aggrieved that information has been wrongly denied to him by the respondent on his RTI application. The appellant has sought information regarding certified copy of inquiry and copy of fact finding inquiry, etc. The respondent has denied disclosure of information under Section 8(1)(d) of the RTI Act. The Commission observes that the information sought by the appellant is a preliminary fact finding inquiry and the respondent contended that administrative action was not taken against him on the basis of this report alone. The Commission observes that the information sought by the appellant is an internal document/correspondence and held by the public authority in fiduciary capacity, therefore, the same is exempted from disclosure under Section 8(1)(e) of the RTI Act. The respondent has wrongly invoked Section 8(1)(d) of the RTI Act. The respondent is directed to be careful in future while invoking exemption clause to deny the information.

8. No further intervention of the Commission is required in the matter.

9. With the above observations, the appeal is disposed of.

Page 2 of 3

10. 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 : 23-11-2022
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.    CPIO

Life Insurance Corporation of India, Divisional Office, P.O.-Box No-106, Jeevan Prakash, 489, Model Town, Karnal-132001

2. Mr. Sunder Lal Page 3 of 3

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