Central Information Commission
Mrprasad Janardan Nawathe vs New India Assurance Co. Ltd. on 24 November, 2015
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Appeal No. CIC/MP/A/2015/000863
Appellant : Shri Prasad Janardan Nawathe, Pune
Public Authority : New India Assurance Co Ltd, Pune/Mumbai
Date of Hearing : November 24, 2015
Date of Decision : November 24, 2015
Present:
Appellant : Present - through VC
Respondent : Shri Sajjad Muzaffar, CPIO from Pune and Shri P.K. Sahu,
Chief Manager & CPIO, Ms Ranjana Nigot, Dy Manager
and Shri Anand Kumar, AO from Mumbai - through VC
ORDER
1. Shri Prasad Janardan Nawathe, vide his RTI application dated 8.9.2014, sought information regarding the copy of official order given to him and acknowledged by him and also the name of the person who added the word termination, if there was no such order. He also sought the details of the vehicle loan given to him by the company along with the copy of agreement, etc.
2. The CPIO, vide his letter dated 16.10.2014, informed him that as he was removed from the service of the company. Certain amounts were deducted as per the provisions of the conveyance scheme 2011, towards the vehicle that was sanctioned to him and no vehicle loan had been granted to him. With respect to the use of the word termination, the CPIO informed him that this was in the nature of a query and could not be replied to.
3. Dissatisfied with the CPIO's response, the appellant sought further clarifications in his appeal to the first appellate authority stating that any alteration in the documents was a serious matter and he wanted to know who added the word termination. Details of the person who added the loan details were also not provided to him. Similarly, if he was covered under GSLI, there must be some record of deduction from his salary. The FAA held that only existing and available information could be provided and the information originating from other sources and not held exclusively by the public authority was beyond the purview of the RTI Act. He added that it was not uncommon to have different practice of using words and expressions in different departments without affecting the materiality of the work done and upheld the decision of the CPIO.
4. Dissatisfied with the decision of the first appellate authority, the appellant made an appeal to the Commission stating that the company authorities had wrongly altered his form and had not provided the name of the person who had added the word termination. He was also not provided the original enrolment form for GSLI.
5. The matter was heard by the Commission. The appellant reiterated the same points. The respondents stated that the appellant was working as a Senior Divisional Officer and was allowed to use the vehicle purchased by the company as per the scheme and the amount due from him was as per the scheme. They added that in place of removal in his application the word termination was added. There was no order for using this word and they had no information as to who added this word. Besides, termination covers removal, compulsory retirement and dismissal. The respondents also clarified that the insurance company's vehicles are provided to the officers. The user's name is written in the registration certificate and the written down value of the vehicle is taken at the time of the officer's exit. They had also provided the copy of form that was available with them.
6. On hearing both the parties, the Commission observes that the respondents has provided the information as available with them and therefore, finds no reason to interfere with the decision in the matter. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
(T.K. Mohapatra) Dy Secretary & Dy Registrar Tele No. 011-26105027 Copy to :
The Central Public Information Officer The First Appellate Authority New India Assurance Co Ltd New India Assurance Co Ltd Pune Regional Office, Sharda Centre New India Assurance Building 2nd Floor, Behind Nal Stop 87, MG Marg, Fort Off Karve Road, Pune-411004 Mumbai-400001 Shri Prasad Janardan Nawathe Yashoda Smriti 563, B-2, Budhwar Peth Pune-411002