Central Information Commission
Krishan vs United India Insurance Co. Ltd. on 29 December, 2020
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 ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/UIICL/A/2019/638371
Krishan ...अपीलकता/Appellant
VERSUS
बनाम
CPIO ... ितवादी /Respondent
United India Insurance Company Limited
Chennai
Relevant dates emerging from the appeal:
RTI : 07-02-2019 FA : 27-02-2019 SA: 16-04-2019
CPIO : 19-02-2019 FAO :14-03-2019 Hearing: 17-12-2020
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), United India Insurance Company Limited, Chennai. The appellant seeking information on three points, including, inter-alia;
(i) "If an employee got transferred within 2 years from one location to other location (the state may be same or different), will he/she be allowed for all transfer benefits i.e. transfer grant, halting of 30 days, tour bill and transportation cost etc. (please include if any benefit forgotten). Please tell the full procedure of your company regarding the said query on all the transfer benefits;
(ii) If an employee got transferred within the same state but change of residence is there then what are the transfer benefits paid to the said employee;
Page 1 of 5(iii) If any employee got transferred within the same location but there is no of residence then what is the transfer benefits payable to the concerned."
2. The CPIO responded on 19.02.2019. The appellant filed a first appeal on 27.02.2019 before the First Appellant Authority requesting that the information should be provided to him. The First Appellate Authority ordered on 14.03.2019 and disposed of his first appeal. He filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground that information has not been provided to him and requested the Commission to direct the respondent to provide complete and correct information.
Hearing:
3. The appellant attended the hearing through audio-call. The respondent, Ms. R. Meena, CPIO attended the hearing through audio-call.
4. The appellant submitted his written submissions dated nil and the same has been taken on record. The respondent submitted their written submissions dated 08.12.2020 and the same has been taken on record.
5. The appellant submitted that complete and correct information has not been provided to him by the respondent on his RTI application dated 07.02.2019. He requested the Commission to direct the CPIO to provide the information on his RTI application dated 07.02.2019.
6. The respondent submitted that vide their letter dated 19.02.2019, they have informed the appellant that the information sought by him is in the nature of queries which does not fall under the purview of RTI Act. The respondent further submitted that the FAA vide its order dated 14.03.2019 had also upheld the reply given by the CPIO. The respondent submitted that at the later stage, they have furnished information to the appellant regarding the relevant provisions on the entitlement of transfer benefits to Officers, as available in the Company's Personnel Manual.
Decision:
7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that due information as available on records, has been provided to the appellant by the CPIO vide their letter dated 19.02.2019 as per the RTI Act, 2005. The Commission, further notes that the queries raised by the appellant vide point nos. 1, 2 and 3 of RTI application dated 07.02.2019 are presumptive in nature which requires clarification, analyses and interpretation of Page 2 of 5 documents/rules. Therefore, this sort of queries seeking clarification from the CPIO is not covered within the definition of "information" u/s. 2(f) of the RTI Act.
8. In this regard, the Commission refers to the definition of 'information' u/s Section 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 is also made to the Hon'ble Supreme Court decision in CBSE and Anr. v. Aditya Bandopadhyay and Ors, 2011 (8) SCC 497, 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."
Similarly, the High Court of Bombay in Dr. Celsa Pinto, Ex-Officio Joint Secretary (School Education) v. The Goa State Information Commission on 3 April, 2008 (2008 (110) Bom L R 1238) had held as under:-
"Section 2(f) -Information means any material in any form, Including records, documents, memos, email, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, 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 Page 3 of 5 force; The definition cannot include within its fold answers to the question why which would be the same thing as asking the reason for a justification for a particular thing. The Public Information Authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information."
The definition cannot include within its fold answers to the question why which would be the same thing as asking the reason for a justification for a particular thing. The Public Information Authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information."
9. In view of the factual matrix of above mentioned case laws, the Commission is of the view that only such information can be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. The Public Information Officer is not supposed to create information; or to comment / give opinion on an issue; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions. The Commission is satisfied with the response given by the CPIO.
10. No further intervention of the Commission is required in the matter.
11. With the above observations, the appeal is disposed of.
Page 4 of 512. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा)
Neeraj Kumar Gupta (नीरज ा
सूचना आयु )
Information Commissioner (सू
दनांक / Date 17-12-2020
Authenticated true copy
(अिभ मािणत स$ािपत ित)
S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Addresses of the parties:
1. CPIO
United India Insurance Company Limited
Nodal CPIO, RTI Cell, Regd. & Head Office
24, Whites Road, Chennai, Tamilnadu-600014
2. Krishan
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