Central Information Commission
Shri Satish Chand Kandwal vs Life Insurance Corporation Of India on 20 February, 2009
CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/A/2008/01362
Dated, the 20th February, 2009.
Appellant : Shri Satish Chand Kandwal
Respondents : Life Insurance Corporation of India
This matter came up for hearing on 18.02.2009 in the presence of both parties.
2. Appellant stated that, through his RTI-application dated 08.05.2008, he had asked for information relating to an alleged complaint filed against him by a third-party. He wanted to have a copy of this complaint against him because based on it, the public authority had issued him a memo ⎯ when the appellant was due to retire from service ⎯ asking him certain details regarding his alleged detention and filing of an FIR against him. Appellant said that in his close to 39 years of service to the public authority, never did he receive a memo or warning from the public authority, but to his utter surprise and disappointment, the public authority chose to issue him a memo for explanation based upon an unreliable third-party's complaint against him, without any regard to his blemishless service or to the fact that the appellant was on the verge of retirement. Appellant had reasons to believe that the Pension Department of the public authority was advised to withhold his pensionary dues till the matter brought up through the complaint-petition was settled. His pension and other terminal dues have since been released but the episode has subjected him to mental agony and distress.
3. Commission normally does not allow petitions filed against employees by third-parties to be disclosed to such employees. But given the circumstances of this particular case and especially taking cognizance of the fact that public authority chose to ask for clarification from the appellant on the basis of the complaint-petition received by them against the appellant from a third-party- source on the verge of the appellant's retirement from service, the agony and embarrassment which the appellant suffered on account of this memo and its timing; I consider this a fit matter in which the requested complaint-petition be disclosed to the appellant in the interest of justice and fair play.
4. It is accordingly directed that the requested information shall be given to the appellant within one week of the receipt of this order.
5. Appeal allowed.
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6. Copy of this decision be sent to the parties.
( A.N. TIWARI ) INFORMATION COMMISSIONER AT-20022009-12.doc Page 2 of 2