Central Information Commission
Mr.Rakesh Kumar Gupta vs Insurance Division on 8 October, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi-110067
Tel: +91-11-26105682
File No.CIC/DS/A/2011/002521/RM
Appellant: Shri Rakesh Kumar Gupta,
New Delhi
Public Authority: LIC, New Delhi
Date of Hearing: 3.10.2012
Date of decision: 8.10.2012
Heard today, dated 3.10.2012.
Appellant is present.
The Public Authority is represented by Smt Nalini M.Ratnam,
RM(CRM)/CPIO along with Shri Rajiv Gupta, RM(IT) representing AA
and Shri Gagan Dua, AAO, RTI.
The above parties were heard and records perused.
FACTS
Vide RTI dt 30.3.11, appellant had sought information relating to Keyman Insurance policies.
2. CPIO vide letter dt 28.4.11, rejected the information u/s 8(1)(d) and
(e).
3. An appeal was filed on 9.5.11.
14. AA vide order dt 28.5.11, upheld the decision of the CPIO.
5. Not satisfied with the response, he filed the present appeal.
6. Submissions made by appellant and public authority were heard.
7. Written submissions by the appellant are taken on record.
8. The appellant has contended that larger public interest is involved in disclosure of information about keyman insurance policies as siphoning of funds by key persons is involved.
9. The appellant has also pointed out that the information sought at point no. 1 is similar to his application in which a decision was given by CIC vide order dt. 28.9.11(Appeal No. CIC/DS/A/2011/001661). The Commission had directed the CPIO of the Southern Zone to submit a duly notarised affidavit containing the format being used for computer generated information as available in official website. He has not received the same till date.
10. The appellant stated that since the information asked for is twenty years old hence exemptions sought u/s 8(1)(d) and (e) are not available in view of section 8(3) of the Act.
11. The CPIO of LIC, New Delhi submitted that information has been denied u/s 8(1)(d) and (e) as also section 7(9) of the RTI Act.
DECISION 12 The Commission observes that RTI's on similar issue were raised by the appellant in his various applications dt. 16.1.11 addressed to 8 different Zonal offices of LIC. The same have been disposed of vide orders dt. 28.9.11 and 4.9.12. Details are as follows:-
1. CIC/DS/A/2011/001860/RM LIC Eastern Zonal Office, Kolkota
2. CIC/DS/A/2011/001995/RM LIC Central Office, Mumbai.
3. CIC/DS/A/2011/001997/RM LIC Western Zonal Office, Mumbai
4. CIC/DS/A/2011/001998/RM LIC North Central Zonal Office,Kanpur
5. CIC/DS/A/2011/002381/RM LIC South Central Zonal Office, Hyderabad
6. CIC/DS/A/2011/00898 LIC Southern Zonal Office, Chennai
7. CIC/DS/A/2011/001661 LIC Central Zonal Office, Bhopal 2
8. CIC/DS/A/2011/001662 LIC Northern Zonal Office, Delhi
13. The Commission also observes that LIC, Southern Zone, Chennai vide letter dt. 15.10.11 has submitted an affidavit to the Commission as per CIC's order dt. 28.9.11 ('Digital Master Format' has been returned back to them). The said information is of commercial confidence, hence disclosure is exempted u/s. 8(1)(d).
14. The contention of the appellant that the information sought by him is more than 20 years old, hence exemption u/s 8(1)(d)(e) is not available in view of section 8(3) of the Act, does not hold good, as the exemption available under section 7(9) claimed by public authority is an exclusive provision.
15. The Commission do not find any merit in the present appeal and in view of earlier decisions of the Commission on the said issue, the present appeal is disposed of.
Sd/-
(Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to :
Shri Rakesh Kumar Gupta, Flat No. 292 SFS Flats DDA, C & D block Shalimar Bagh, Outer Ring Road, New Delhi - 110088 CPIO (RTI Cell), LIC of India, CRM Deptt., Northern Zonal Office, 12th Floor, Jeevan Bharti Building, 124 Connaught Circus, New Delhi - 110 001 The Zonal Manager & FAA (RTI Cell), LIC of India, CRM Deptt., Northern Zonal Office, 12th Floor, Jeevan Bharti Building, 124 Connaught Circus, New Delhi - 110 001 (Raghubir Singh) Deputy Registrar 3 4