Central Information Commission
Mr.L Srivastava vs Insurance Division on 7 May, 2012
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal: No. CIC/DS/A/2011/001759
Appellant /Complainant : Shri L. Srinivasan, Madurai (Tamilnadu)
Public Authority : The New India Assurance Co. Ltd., Mumbai
(Dr. R.K.Duggal, CPIO & Sh. Vinay Batra, Mgr.)
Date of Hearing : 07 May 2012
Date of Decision : 07 May 2012
Facts:
1. Appellant submitted RTI application dated 2 September 2010 before the CPIO, NIACo. Ltd., Mumbai seeking the disclosure of marks obtained in the Examination held on 25/7/2010 to the cadre of A.O. Para 13.2 Roll No. 210068.
2. Vide CPIO Order dated 11 October 2010, CPIO provided information to the Appellant.
3. Not satisfied by the CPIO's Reply, the Appellant preferred first Appeal to the First Appellate Authority dated 18 October 2010 asking to revaluate the Answer sheets.
4. Vide FAA Order dated 10 November 2010, the FAA upheld the CPIO's decision and informed the Appellant that revaluation and reconsideration of answer sheets is outside the scope of Section 2 (f) of the Act.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today. Respondent as above appeared in person. Appellant was heard via videoconferencing from Madurai.
7. It was bought to the attention of the Commission that this matter has already been disposed of vide Commissions Order no. CIC/DS/A/2011/000314 dated 7 Appeal: No. CIC/DS/A/2011/001759 September 2011 vide which respondent has been directed to disclose the answer sheets in line with the order of the Supreme Court dated 9 August 2011 in the matter of CBSE & Anr Vs. Aditya Bandhopadyaya & Ors. In Civil Appeal No. 6454 of 2011 dated 9 August 2011. Appellant stated he is yet to receive the information from the CPIO, in compliance of the above order of the Commission.
8. CPIO submitted that there General Manager had written to the Chief Executive GIPSA, on 14 October 2011 to take appropriate action in the matter in view of CIC's orders. Further, the General Manager had also written to the Senior Vice President, GIPSA requesting him to advise The NIA, Pune and Insurance Institute of India, Mumbai to provide the information in compliance of the above orders. The matter was also taken up with the Secretary General Insurance Institute of India on 3 April 2012 as they are the holders of information and have conducted the promotional examination for which answer sheets have been sought by the appellant. Insurance Institute of India were asked to provide the information to the appellant directly under intimation to the New India Assurance Company Limited. As per the averments of the CPIO at the hearing today, they had not received any response from the holders of information namely, Insurance Institute of India, Mumbai.
Decision notice
9. Commission has heard both parties and is satisfied that the onus is on the respondent public authority namely The New India Assurance Company Limited to provide information to the appellant. There is no doubt that it is the Company that has outsourced its key and core activity of creating rich human resource capital for undertaking its business operations, to the Insurance Institute of India, Mumbai. Therefore it can be safely concluded that The Insurance Institute of India has conducted the examination for filling posts in the cadre of Administrative Officer on and behalf of the New India Assurance Company Limited. Therefore the information pertaining to answer sheets of candidates who appeared for this examination, belongs to The New India Assurance Company Limited and it is for them to obtain the same from the Insurance Institute of India and satisfy the directions of the Commission as per its order quoted above. Commission is not satisfied with the action taken so far by the New India Assurance Company and accordingly show cause notice is issued to Appeal: No. CIC/DS/A/2011/001759 the CPIO and General Manager (P) to show cause why action should not be taken to impose penalty as per the provisions of section 20 (1) of the Act. Notice is also issued to the thirdparty, namely, Insurance Institute of India to appear before this Commission at the next hearing failing which, decision will be taken without hearing them. The CPIO, The New India Assurance Company Limited is directed to send written submission to the Commission regarding the status of the Insurance Institute of India, visàvis themselves along with information regarding the constitution and funding of the Insurance Institute of India within three weeks of receipt of the order.
10. Next hearing will be on 22.06.2012 at 12.30 PM. Both parties are directed to present themselves before the Commission, on this date via videoconferencing at NIC Video Conferencing Studio, Room No. 17, 1st. Floor, Collectorate Building,Madurai625020 (Tamil Nadu) Contact Officer : Mr. Maria Michael Raja, ScientistD and Contact No. 04522531632 AND NIC District Centre, District Collectorate Office, Mumbai City, Old Custom House Fort, Mumbai400001 (Maharashtra) Contact Officers: Mr. M.P. Deshpandey, ScientistD & DIO and Mr. Bhushan Gawandey, ScientistC & DIA and Contact Nos: 02222679916 / 22664232 / 09819263472 respectively.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri L. Srinivasan Assistant (S.R. No.32340) The New India Assurance CO. Ltd., Rekha Tower, 2nd. Floor, 248B, Kamarajar Salai Madurai625009 Appeal: No. CIC/DS/A/2011/001759
2. The CPIO Dy. General Manager The New India Assurance Co. Ltd., H.O. : New India Assurance Bldg., 87, M.G. Road, Fort, Mumbai400001
3. The Appellate Authority General Manager The New India Assurance Co. Ltd., H.O. : New India Assurance Bldg., 87, M.G. Road, Fort, Mumbai400001 Appeal: No. CIC/DS/A/2011/001759