Central Information Commission
Ms.Archana Sharma vs Insurance Division on 27 February, 2013
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Adjunct to Appeal: No. CIC/DS/A/2011/003811
Appellant /Complainant : (Smt. Archana Sharma, Lucknow
(UP)
Public Authority : National Insurance Co. Ltd.,
Dehradun (Uttarakhand)
(Shri A.K. Goel, CPIO/Dy. Mgr.)
Date of Hearing : 27 February 2013
Date of Decision : 27 February 2013
Facts:
1. Further to Commission's notice of even number dated 13 September 2012 vide which the CPIO is directed to bring before the Commission, all records held by the public authority pertaining to the marital status and family composition of the third party so that after perusing the same, we can arrive at decision regarding disclosure of the requested information to the appellant. The CPIO has appeared before the Commission in person. Appellant is present via video conferencing from Lucknow. The third party, Shri Mukesh Kumar Sharma has informed the Commission vide his fax letter of 26 February 2013 that due to illhealth is unable to attend the hearing.
2. CPIO has presented an unattested photocopy of letter dated 3.11.2006 addressed to the public authority and signed by the thirdparty pertaining to his marital status.
3. Appellant submits that the third party had obtained a decree of divorce dated 18 September 2004 from the Family Court, Lucknow which she has contested vide FAFO no. 73 of 2004 and FAFO no. 72 of 2004 which is still pending before the Lucknow bench of the Allahabad High Court. Appellant has also submitted before the Commission the orders of the honourable High Court pertaining to grant of an amount of Rs. 500 to be paid as pendent elite maintenance during the pendency of the suit. Appellant has also submitted photocopy of letter dated 1 February 2013 addressed to her and signed by the Counsel for the third party as proof of this amount having been paid to Adjunct to Appeal: No. CIC/DS/A/2011/003811 her vide bank draft drawn on the Punjab National Bank towards maintenance amount for the month of February 2013. Thirdparty has also sent written submission dated 27 February 2013 to the Commission enclosing nine Annexures in support of his objections to the disclosure of exempted personal information. The third party has disclosed information pertaining to the divorce granted by the family Court, and the order of the High Court vide which FA no 73 of 2004 has been dismissed for nonprosecution.
Decision notice
4. Both the Appellant and the CPIO have been heard and written submissions of the appellant and thirdparty have been perused. The CPIO has failed to present the documents that he was directed to bring before the Commission vide our order dated 13 September 2012. He has submitted photocopy of a document which cannot be accepted. The Commission takes a serious view of this omission and issues warning to him to desist from such irresponsible actions and to faithfully discharge his obligations which are mandated under the RTI Act. CPIO is warned that repeat of such dereliction will attract penalty. CPIO is directed to present himself before the Commission on 19.3.2013 at 3.45 PM at New Delhi along with the full and complete original record as per the directions held in the Commission's aforementioned order.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Ms Archana Sharma W/o Sh. Mukesh Kumar Sharma 14/503, Vikas Nagar, Lucknow (UP)
2. The CPIO Dy. Manager National Insurance Co. Ltd., Dehradun Regional Office Adjunct to Appeal: No. CIC/DS/A/2011/003811 56, Jai Plaza, Rajpur Road Dehradun248001 (Uttarakhand)
3. The Appellate Authority Regional Manager National Insurance Co. Ltd., Dehradun Regional Office 56, Jai Plaza, Rajpur Road Dehradun248001 (Uttarakhand)
4. Shri Mukesh Kumar Sharma Assistant (Third Party) (Through present CPIO) Adjunct to Appeal: No. CIC/DS/A/2011/003811