Central Information Commission
Asangh Bhagwandas Ramteke vs Life Insurance Corporation Of India on 4 October, 2019
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/2018/118104-BJ
Mr. Asangh Bhagwandas Ramteke
....अपीलकता/Appellant
VERSUS
बनाम
CPIO
Manager (CRM), Divisional Office
LIC of India, Divisional Office
National Insurance Building, S. V. Patel Marg
Post Box No. 63, Nagpur - 440001
... ितवादीगण /Respondent
Date of Hearing : 01.10.2019
Date of Decision : 03.10.2019
Date of RTI application 24.10.2016
CPIO's response Not on Record
Date of the First Appeal 05.12.2017
First Appellate Authority's response Not on Record
Date of diarised receipt of Appeal by the Commission 20.03.2018
ORDER
FACTS:
The Appellant vide his RTI application sought information regarding the Class IV employees/ Daily Wage Workers appointed in the LIC office in Nagpur City/ Maharashtra Zone from the year 1980 to 2017-18.
Dissatisfied due to non-receipt of any response from the CPIO, the Appellant approached the FAA. The reply of the CPIO/ order of the FAA, if any, is not on the record of the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. D. B. Maturkar, CPIO & Mgr. (CRM)/ ADM and Mr. L. M. Deshpande, Mgr. (P&IR) / DM through VC;Page 1 of 3
The Appellant remained absent during the hearing. The Respondent reiterated its written submission and categorically stated that the information regarding daily wagers employed in their organization was not available with them and that the Appellant had been informed by the CPIO / FAA on 02.12.2017 and 11.01.2018 respectively. The Commission was in receipt of a written submission from the Respondent dated 01.10.2019 wherein it was stated that the CPIO/ FAA replied vide letter dated 02.12.2017 and 11.01.2018 respectively.
The Commission referred to the definition of information u/s 2(f) of the RTI Act, 2005 which is reproduced below:
"information" means any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force."
Furthermore, a reference can also be made to the relevant extract of Section 2 (j) of the RTI Act, 2005 which reads as under:
"(j) right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes ........"
In this context a reference was made to the Hon'ble Supreme Court decision in 2011 (8) SCC 497 (CBSE Vs. Aditya Bandopadhyay), wherein it was held as under:
35..... "It is also not required to provide 'advice' or 'opinion' to an applicant, nor required to obtain and furnish any 'opinion' or 'advice' to an applicant. The reference to 'opinion' or 'advice' in the definition of 'information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act."
Furthermore, the Hon'ble Supreme Court of India in Khanapuram Gandaiah Vs. Administrative Officer and Ors. Special Leave Petition (Civil) No.34868 OF 2009 (Decided on January 4, 2010) had held as under:
6. "....Under the RTI Act "information" is defined under Section 2(f) which provides:
"information" means any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force."
This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed."
Page 2 of 37. "....the Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the "public authority" under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor could he have had access to this information and Respondent No. 4 was not obliged to give any reasons as to why he had taken such a decision in the matter which was before him."
The Appellant was not present to contest the submissions of the Respondent or to establish the larger public interest in disclosure which outweighs the harm to the protected interests.
DECISION:
Keeping in view the facts of the case and the submissions made by the Respondent, no further intervention of the Commission is required in the matter.
The Appeal stands disposed accordingly.
(Bimal Julka) (िबमल जु का)
(Information Commissioner) (सूचना आयु )
Authenticated true copy
(अ भ मा णत स या पत त)
(K.L. Das) (के .एल.दास)
(Dy. Registrar) (उप-पंजीयक)
011-26182598/ [email protected]
दनांक / Date: 03.10.2019
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