Central Information Commission
Sarat Kumar Chhotaray vs Life Insurance Corporation Of India on 16 January, 2026
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/LICOI/A/2024/632788
Sarat Kumar Chhotaray ...... अपीलकताग/Appellant
VERSUS/बनाम
CPIO: LIC ...प्रनतवािीगण/Respondents
Date of Hearing : 08.01.2026
Date of Decision : 09.01.2026
Information Commissioner : Shri Surendra Singh Meena
Relevant Facts emerging from appeal:
RTI application : 22.05.2024
PIO replied on : 21.06.2024
First Appeal filed on : 21.06.2024
First Appeal Order on : 15.07.2024
2nd Appeal received on : 31.07.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 22.05.2024 seeking information on the following points:Page 1 of 5
"Information sought for Class-I officers of all Divisions under East-Central Zone including ECZO with respect to current round promotion, transfer and posting of Class-I officers:
1) While considering transfer posting of Class-I Officers, desired place of posting in current P-form is considered or not. If yes, how many cases. If No, reasons thereof.
2) Transfer and Mobility Policy for Class-I officers Clause-5(d) NPP (Normal Period of Posting) states: Continuous posting of officers in the cadre of AAO/AO in SAME POSITION for a period of 3 years and in SAME STATION for a period of 8 years (For Metros it is 10 years) after which an officer becomes due for Redeployment/ Transfer. Does Zonal Office follow TMP of Class-I officers holistically in current round promotion, transfer & posting order? If yes, how many cases in 3 yrs and 8 yrs.
3) Clause-6(a) of TMP of Class-I Officer: Maximum Tenure for AAO/AO Cadre: 3 years in a position/assignment and 8 years in a particular station (10 Years in case of Metros). Whether this clause is adhered to in current round transfer and posting of AAO/AO/BM Cadres. If Yes, no of cases. If No, no of cases.
4) Whether Cadre-wise staff strength/balance is maintained before Transfer and Posting of Officers in various cadres. If yes, give the details of Cadre-wise strength/balance of Class-I officers for all Divisions under ECZO including ECZ.
Etc...."
The CPIO replied vide letter dated 21.06.2024 and the same is reproduced as under:-
"1) Information sought by the applicant is in the nature of Question/Clarification which does not come under purview of information as per section 2 (f) of RTI Act- 2005.
2) We do not maintain the records in such a form as asked by the applicant. Hence it cannot be provided under section -9 of RTI Act-2005.
3) No such case is pending at our level."Page 2 of 5
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 21.06.2024 alleging that the information provided was not provided. The FAA vide order dated 16.07.2024 stated as under:-
"Query 1 to 6 Information sought by the applicant is in the nature of Question/Clarification which does not come under purview of information as per section-2 (f) of RTI Act-2005.
Query 7 to 12 We do not maintain the records in such a form as asked by the applicant. Hence it cannot be provided under section-9 of RTI Act-2005."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The appellant and the respondent Ms. Anjali Prasad, Secretary Personnel, LIC, was present through video conference.
The appellant inter alia submitted that the respondent has inadequately denied the information sought through the instant RTI application and also stated that he has sought this information just a maintain transparency in the transfer process/policy which should be provided to him.
The respondent while defending their case inter alia submitted that that the queries raised on point nos. 1 to 6 in the RTI application, were not covered within the definition of "information" under Section 2 (f) of the RTI Act. She further submitted that information sought on point nos. 7 to 12, was not available in the desired format, hence no information was provided. During the hearing the appellant challenged that the respondent's reply on point no. 4 regarding cadre wise staff strength/balance being maintained before transfer and posting of officers in various cadre, is misleading, as strength of the staff is maintained by the LIC. The Commission also asked that whether LIC while making decision of Page 3 of 5 transfer/posting of the staff is considering the sanctioned strength and available staff, to which the respondent could not give a satisfactory reply.
Decision:
In the light of the above discussion and perusal of the available record, the Commission observed that the reply furnished by the respondent vide letter dated 21.06.2024 is not in order, for e.g. the respondent during hearing could not reply satisfactorily about the cadre wise staff strength maintained during transfer/posting of various cadre. Hence, the reply furnished by the CPIO is incomplete and misleading. The Commission directs the respondent to furnish a revised reply and send a compliance report to the Commission within three weeks from the date of the receipt of this order. With this observation and direction, the appeal is disposed of.
Sd (Surendra Singh Meena) (सुरेंद्र ससिंह मीना) Information Commissioner (सूचना आयुक्त) निनां क/Date: 09.01.2026 Authenticated true copy Ramesh Babu Krishnan (रमेश बाबू कृष्णन) Dy. Registrar (उप पंजीयक) 011-26105027 Addresses of the parties:
1. Sarat Kumar Chhotaray Plot 1018/3837, Jyotsna Kutir, Godipokhari New Colony, Khurda - 752055 Odisha, Khordha, 752055 Page 4 of 5
2. The CPIO, Regional Manager - CRM, LIC of India, East Central Zonal Office Jeevan Deep Building, Exhibition Road, Patna - 8000 01 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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