Central Information Commission
Mrssujata Das vs Life Insurance Corporation Of India on 7 April, 2014
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
websitecic.gov.in
Appeal: No. CIC/DS/A/2013/000920/MP
Appellant : Ms. Sujata Das,
Cuttack
Public Authority : LIC, Cuttack
Date of Hearing : 7 April 2014
Date of Decision : 7 April 2014
Facts:
1. The appellant, Ms. Sujata Das, has submitted the RTI application dated 19 February 2013 before the Central Public Information Officer (CPIO), Life Insurance Company, seeking information regarding annual gross salary of Shri Subrat Kumar Mishra, per month/per annum incentives, bonus, allowances and other benefits as admissible to a Development Officer working under LIC and statement of above financial benefits for the last 5 years.
2. Vide reply dated 19 March 2013, the CPIO denied the information by stating that it is a third party information coming under section 11 of RTI Act, 2005. Not satisfied by the CPIO, the appellant preferred an appeal dated 02 April 2013 to the first appellate authority (FAA). Vide order dated 29 April 2013, the FAA set aside the decision of the CPIO by providing information on point no. 1 & 3 and claimed the exemption under Section 8 (1)(d) on point no. 2.
3. Not satisfied with the FAA's reply, the appellant preferred second appeal before the Commission on the ground that Section 8 (1)(d) of the Act is not applicable in her case.
4. The matter was heard today via videoconferencing. Shri Prafulla Kumar Mishra, Manager (CRM) and CPIO participated in the hearing from Cuttack. The appellant did not attend the hearing.
5. The respondent stated that the appellant had asked for annual gross salary of Shri Subrat Kumar Mishra, Development Officer, LIC, Gandarpur Branch along with incentives, bonus, allowances and other benefits admissible to a Development Officer for the last five years.
6. The respondent had given the details of the salary paid during the financial years 200809 to 201213. However, the information on performance linked incentive bonus was not provided. The respondent stated that performance linked incentive bonus depends on the procurement of premium under new business which varies from year to year. This information could not be provided under Section 8(1)(d) as it comes under commercial confidence and trade secret and disclosure of which would harm the competitive position of the third party unless a larger public interest is established. They added that the appellant had not established any larger public interest besides they had given a notice under Section 11(1) to Shri Subrat Kumar Mishra and he had refused to allow the information being given to the appellant.
Decision Notice
7. The information available with the CPIO regarding the details of salary has been provided. The CPIO's decision is upheld for the rest of the information. The appeal is dismissed.
(Manjula Prasher) Information Commissioner Authenticated true copy:
(T.K. Mohapatra) Dy. Secretary & Dy. Registrar Tele.No. 01126105027 Copy to:
Central Public Information Officer Life Insurance Corporation of India CRM Deptt., Divisional Office, Jeevan Prakash, Nuapatna, Cuttack753001.
First Appellate Authority Senior Divisional Office, Life Insurance Corporation of India C. R. M. Deptt., Divisional Office, Jeevan Prakash, Nuapatna, Cuttack753001.
Ms. Sujata Das, W/o Shri Subrat Kumar Mishra, Resident under C/o, Jyoti Prasad Das, Sutahat, Darjisahi, PO Buxi Bazar, Cuttack753001, Orissa.