Central Information Commission
Roshan K. Madavi vs Life Insurance Corporation Of India on 31 October, 2022
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/Second Appeal No. CIC/LICOI/A/2021/115505,
CIC/LICOI/A/2021/115506, CIC/LICOI/A/2021/115507,
CIC/LICOI/A/2021/115508, CIC/LICOI/A/2021/115510,
CIC/LICOI/A/2021/115514, CIC/LICOI/A/2021/115515,
CIC/LICOI/A/2021/115446, CIC/LICOI/A/2021/115447,
CIC/LICOI/A/2021/115448, CIC/LICOI/A/2021/115450,
CIC/LICOI/A/2021/115960 (Total 12 cases)
Mr. Pranay Bhimrao Patil ... अपीलकता/Appellants
Mr. Sudhir Dhanrajji Dharmari
Mr. Shrawan G Ninawe
Mr. Ganesh Devlal Dhuvare
Mr. Ritesh Pandurangji Datir
Mr. Surjit Singh Chamansingh Rawat
Mr. Niraj Keshavrao Tembhurne
Mr. Roshan Kapurchand Madavi
Mr. Harishankar M Sonwani
Mr. Jayprakash S Yadav
Mr. Rupesh Ruprao Kisan Walde
Mr. Laxmibai Baburao Khangare
VERSUS
बनाम
CPIO ... ितवादी/Respondent
Life Insurance Corporation of India
Nagpur Divisional Office, National
Insurance Building, SV Patel Marg
PB No. 63, Nagpur-440001
ORDER
Relevant dates emerging from the appeal:-
RTI : 23-12-2020 FA : 12-02-2021 SA : 12-04-2021
CPIO : 24-01-2021 FAO : 09-03-2021 Hearing : 20-10-2022
Page 1 of 14
CIC/LICOI/A/2021/115505:
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-
2. The CPIO vide letter dated 24-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has file first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09- 03-2021 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
CIC/LICOI/A/2021/115506:
Relevant dates emerging from the appeal:-
RTI : 22-12-2020 FA : 12-02-2021 SA : 09-04-2021 CPIO : 21-01-2021 FAO : 09-03-2021 Hearing : 20-10-2022
3. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-Page 2 of 14
4. The CPIO vide letter dated 21-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has file first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09-
03-2021 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
CIC/LICOI/A/2021/115507:
Relevant dates emerging from the appeal:-
RTI : 23-12-2020 FA : 12-02-2021 SA : 09-04-2021 CPIO : 21-01-2021 FAO : 09-03-2021 Hearing : 20-10-2022
5. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-Page 3 of 14
6. The CPIO vide letter dated 21-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has file first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09-
03-2021 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
CIC/LICOI/A/2021/115508:
Relevant dates emerging from the appeal:-
RTI : 22-12-2020 FA : 12-02-2021 SA : 09-04-2021 CPIO : 21-01-2021 FAO : 09-03-2021 Hearing : 20-10-2022
7. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-
8. The CPIO vide letter dated 21-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has file first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09-
03-2021 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
Page 4 of 14CIC/LICOI/A/2021/115510:
Relevant dates emerging from the appeal:-
RTI : 22-12-2020 FA : 12-02-2021 SA : 09-04-2021 CPIO : 21-01-2021 FAO : 09-03-2021 Hearing : 20-10-2022
9. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-
10. The CPIO vide letter dated 21-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has filed first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09-03-2021 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
CIC/LICOI/A/2021/115514:
Relevant dates emerging from the appeal:-
RTI : 23-12-2020 FA : 12-02-2021 SA : 09-04-2021 CPIO : 21-01-2021 FAO : 09-03-2021 Hearing : 20-10-2022
11. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-Page 5 of 14
12. The CPIO vide letter dated 21-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has filed first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09-03-2021 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
CIC/LICOI/A/2021/115515:
Relevant dates emerging from the appeal:-
RTI : 23-12-2020 FA : 12-02-2021 SA : 09-04-2021 CPIO : 21-01-2021 FAO : 09-03-2021 Hearing : 20-10-2022
13. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-Page 6 of 14
14. The CPIO vide letter dated 21-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has filed first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09-03-2021 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
CIC/LICOI/A/2021/115446:
Relevant dates emerging from the appeal:-
RTI : 23-12-2020 FA : 12-02-2021 SA : 08-04-2021 CPIO : 21-01-2021 FAO : 09-03-2021 Hearing : 20-10-2022
15. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-
16. The CPIO vide letter dated 21-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has filed first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09-03-2021 upheld CPIOs reply and disposed the appeal. He has filed a Page 7 of 14 second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
CIC/LICOI/A/2021/115447:
Relevant dates emerging from the appeal:-
RTI : 23-12-2020 FA : 12-02-2021 SA : 08-04-2021 CPIO : 21-01-2021 FAO : 09-03-2021 Hearing : 20-10-2022
17. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-
18. The CPIO vide letter dated 21-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has filed first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09-03-2021 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
CIC/LICOI/A/2021/115448:
Relevant dates emerging from the appeal:-
RTI : 23-12-2020 FA : 12-02-2021 SA : 08-04-2021
CPIO : 21-01-2021 FAO : 09-03-2021 Hearing : 20-10-2022
Page 8 of 14
19. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-
20. The CPIO vide letter dated 21-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has filed first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09-03-2021 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
CIC/LICOI/A/2021/115450:
Relevant dates emerging from the appeal:-
RTI : 23-12-2020 FA : 12-02-2021 SA : 08-04-2021 CPIO : 21-01-2021 FAO : 09-03-2021 Hearing : 20-10-2022
21. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-Page 9 of 14
22. The CPIO vide letter dated 21-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has file first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09-
03-2021 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
CIC/LICOI/A/2021/115960:
Relevant dates emerging from the appeal:-
RTI : 23-12-2020 FA : 12-02-2021 SA : 12-04-2021 CPIO : 21-01-2021 FAO : 09-03-2021 Hearing : 21-10-2022
23. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, Nagpur. The appellant seeking information is as under:-
Copy of application for Temporary appointment;
Details of interview Schedule; Payment details of myself from 04.03.90 to till date, during my tenure of employment /engagement;
Copy of vouchers payment to me and also in the name Laxmi Khangare period from 04.03.1990 to till date, etc.
24. The CPIO vide letter dated 21-01-2021 had denied the information as sought by the appellant under section 7(9) of RTI Act, 2005. Being dissatisfied with the same, the appellant has filed first appeal dated 12-02-2021 and requested that the information should be provided to him. The FAO vide order dated 09-03-2021 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought Page 10 of 14 has not been provided to him and requested to direct the respondent to provide complete and correct information.
Hearing:
25. The above named appellants attended the hearing through video conferencing. The respondent, Shri Vijay Mandpe, CPIO/ Manager (CRM) attended the hearing through video conferencing.
26. The respondent submitted their written submissions and the same has been taken on record.
27. The appellants submitted that the desired information has not been provided to them by the respondent on all the above RTI applications. They further submitted that the information sought in the above RTI applications has wrongly been denied by the respondent.
28. The respondent submitted that they have already informed the appellants concerned that the information as sought in all the above RTI applications is scattered in multiple files and as per section 7 (9) of RTI Act, 2005, an information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority.
Therefore, they have denied the requested information under relevant provisions of the RTI Act, 2005.
Decision:
29. The Commission, after hearing the submissions of all the parties and after perusal of records, observes that the appellants has sought voluminous information pertaining to their appointment as temporary employees for the year 2002-2020. It has been observed that as far as copy of application for temporary appointment is concerned, the same must be lying in the possession of the appellants themselves, hence such document/ information cannot be provided to the appellant as per the provisions of the RTI Act, 2005. It has further been observed that the queries of the appellants as sought in the above RTI applications is general/ wide and non-specific in nature as the appellants are seeking copy of all the vouchers/ payment details paid through officers/ staff for the above said time period. It has further been observed that the appellants without being specific about the date/ subject of the particular document, they are simply seeking "any other documents in relation to their engagement as temporary daily wage worker available with the branch as well as divisional office." The Commission after going through the contents of the above RTI applications, observes that the appellants are expecting the CPIO to examine Page 11 of 14 their queries and search the relevant records and provide the information to the appellants as per their desire. But the respondent has already informed the Commission that the records pertaining to temporary employees are not maintained in their office, hence these information is not readily available with the respondent public authority.
30. In light of the above observations, the Commission is of the view that the appellants have not sought any specific information instead the information sought by them is non-specific/ voluminous in nature as they have sought all the vouchers/ payment details for more than 10 years old records and collating and compiling of which would disproportionately divert the resources of the respondent public authority. Hence, directing CPIO to provide such information would attract section 7 (9) of the RTI Act.
31. In this regard, the Commission referred to the decision of the Hon'ble Supreme Court of India in Central Board of Secondary Education and Anr.
Vs. Aditya Bandopadhyay and Ors, SLP(C) NO. 7526/2009 wherein it was held as under:
"Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counterproductive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non-productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of Page 3 of 3 discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of public authorities prioritising 'information furnishing' at the cost of their normal and regular duties."
32. In view of the above, the Commission is of the opinion that the information as sought in all the above RTI applications is not readily available with the respondent public authority and the same cannot be compiled also. As per the provisions of the RTI Act, the CPIO is supposed to provide such information which is held by their office, they are not supposed to create/ collate such information which is not readily available with them. Hence, the Page 12 of 14 replies provided by the respondent in all the above RTI applications is satisfactory and same is being upheld by the Commission.
33. No further intervention of the Commission is required in the matter.
34. With the above observations, all the above appeals are hereby disposed of.
35. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta (नीरज कु मार गु ा) Information Commissioner (सूचना आयु ) दनांक / Date : 21-10-2022 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक), (011-26105682) Addresses of the parties:
1. CPIO Life Insurance Corporation of India Nagpur Divisional Office, National Insurance Building, SV Patel Marg, PB No. 63, Nagpur-440001
2. Mr. Pranay Bhimrao Patil
3. Mr. Sudhir Dhanrajji Dharmari
4. Mr. Shrawan G. Ninawe
5. Mr. Ganesh Devlal Dhuvare
6. Mr. Ritesh Pandurangji Datir Page 13 of 14
7. Mr. Surjit Singh Chamansingh Rawat
8. Mr. Niraj Keshavrao Tembhurne
9. Mr. Roshan Kapurchand Madavi
10. Mr. Harishankar M Sonwani
11. Mr. Jayprakash S Yadav
12. Mr. Rupesh Ruprao Kisan Walde
13. Mr. Laxmibai Baburao Khangare Page 14 of 14