Central Information Commission
Ms.Tanmayee Ranjan vs Insurance Division on 11 January, 2011
Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Adjunct to Appeal: No. CIC/DS/A/2010/000660
Appellant /Complainant : Smt. Tanmayee Ranjan,
Ghaziabad
Public Authority : The Oriental Insurance
Co. Ltd.,N.Delhi
(Sh. P.K. Jha, Dy.General
Manager,
CPIO and Shri V.V. Mohlla,
Manager)
Date of Hearing :
Date of Decision : 11.01.2011
Facts:
1. In pursuance of non compliance of the Commission's directions in case No. CIC/DS/A/2010/000660 Dated 16.7.2010, the CPIO, The Oriental Insurance Company Ltd., was directed to explain the reasons on which the information has not been provided to the appellant even though over 2 months had elapsed since the passing of the Commission's order - vide Commission's notice dated 1.10.2010.
2. In response, the CPIO has stated that the Commission's decision was conveyed to NIA and GIPSA. GIPSA was asked vide letter dated 5th August, 2010 to obtain a copy of the answer sheet from NIA and provide the same to the CPIO.
3. Vide letter dated 13th August, 2010 GIPSA informed the Personnel Department of OIC regarding the inability to comply with the Commission's order due to not having a mandate from the member companies.
4. The order of the CIC was then sent by Oriental Insurance Co. Ltd. to National Insurance Academy (NIA) with a request to provide a copy of the said answer sheet of the applicant. As per letter dated 4.10.2010 from OIC, "NIA, Pune has replied vide letter dated 9.9.2010 (Ref our letter dated 20.8.2010) stating that as per the Professional Service Agreement between GIPSA and NIA (dated 01.02.2007) - Article 2 : NIA's obligations, point 2.7 clearly states that "GIPSA will retain the ownership of the copyright and all other intellectual property rights ("IPR") vested in Deliverables". In view of the forgoing we are unable to obtain the required information in spite of our best efforts either from GIPSA or from NIA."
Decision
5. After perusing the facts on record the Commission can not agree with a view that evaluation of answer scripts is a 'Deliverable" since no economic value can be attributed to answer scripts. Therefore, the plea on which the answer scripts is being denied is bad in law and will not stand judicial scrutiny. Furthermore in view of NIA's letter dated 23.12.2009 addressed to Chief Executive, GIPSA proposes that the custody of questions and answer sheets should be with the GIPSA since on account of constraint of space, NIA was having difficulty in maintaining the same, it can not be held by GIPSA that they are not the holders of information. Similarly no professional Service Agreement between GIPSA (which is a public authority) and NIA can over ride the provisions of the RTI Act and GIPSA is obliged to satisfy the orders of the Commission by providing answer sheet to the appellant. Through this order the Commission issues notice to the CPIO, GIPSA to show cause why penalty should not be imposed upon him for not having carried out his mandated functions as per the provisions of the RTI Act, 2005. Opportunity of personal hearing is provided to him on 4.2.2011 dated 12.30 PM for which he is directed to present himself before the Commission . Appellant may attend the hearing if she so desires.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T.K.Mohapatra) Under Secretary & Dy. Registrar Copy to:
1. Smt. Tanmayee Ranjan, 123/2, 2nd. Floor, Sector.III A,. Vaishali Distt: Ghaziabad (UP).
2. Shri P.K. Jha Dy.General Manager, CPIO The Oriental Insurance Co. Ltd.
Oriental House, P.B. No.7037 A25/27, Asaf Ali Road, New Delhi110002.
3. The Appellate Authority The Oriental Insurance Co. Ltd.
Oriental House, P.B. No.7037 A25/27, Asaf Ali Road, New Delhi110002.
4. The Central Public Information Officer General Insurance (Public Sector) Association of India 3rd. Floor, Jeevan Vihar (Rear portion) Sansad Marg, New Delhi110001.