Information relating to certain TC Nos - PIO: no specific time period mentioned for which information was sought; section 7(9) cited - Appellant: information as held in Dec 2013 may be provided - CIC: case remanded with directions to provide information
26 Jan, 2014Information relating to certain TC Nos sought - PIO: no specific time period mentioned for which information was sought - collecting and compiling such voluminous information would disproportionally divert the resources in terms of man power, costs and time - Appellant: information as held in Dec 2013 may be provided - CIC: case remanded back with directions to provide information
Facts:
1. The appellant Shri Amarnath Janardan Kamat has submitted RTI application dated 27 January 2012 before the Central Public Information Officer (CPIO), Life Insurance Corporation of India, BranchRasra, Baliah, seeking information relating to TC Nos. 1898, 1904, 1910, 1913, 1915 & 1950 and TC Nos. 1949, 1955 and 9651 situated in Industrial Assurance Building, Churchgate, Mumbai through total of 07 Subpoints.
2. Vide CPIO Order dated 23 February 2012, CPIO denied the requisite information on the ground that the information sought is exhaustive and not readily available with them, therefore denied under Sec. 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act, 2005, as doing so would disproportionally divert the resources of the Corporation in terms of man power, costs and time. The information was provided within prescribed period of time.
3. Not satisfied by the CPIO’s reply, the appellant preferred first appeal to the First Appellate Authority (FAA) dated 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. March 2012.
4. Vide FAA Order dated 16 April 2012, the FAA upheld the decision of the concerned CPIO.
5. Being aggrieved and not satisfied by the above response of the Public Authority, the appellant preferred second appeal before the Commission.
6. The matter was heard today through videoconferencing. Ms. Vinod Kumar, CPIO/LIC, Mr. M.P. Girkar, deemed CPIO and Ms Sujatha, deemed CPIO were present from the respondent side. The appellant Shri A.J. Kamat attended the hearing. The appellant was dissatisfied as he was not provided the information as sought for. The respondent had denied information taking recourse to the Section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act, 2005. The CPIO explained that the appellant had not mentioned any specific period of time for which the exhaustive information that he had asked for was required, therefore, collecting and compiling such voluminous information would disproportionally divert the resources of the Corporation in terms of man power, costs and time. Besides the information could also not be provided as court cases were continuing under the Public Premises Act in certain cases. The appellant was asked for specific time period for which the information asked for by him was required stated that he would be satisfied if he could get the information as held in December 2013.
Decision notice
7. In view of the above, the case is remanded back to the LIC to provide the information on the appellant’s submission at the hearing within a period of 3 weeks from the receipt of the order as per the RTI Act.
(Manjula Prasher)
Information Commissioner
Citation: Shri Amarnath Janardan Kamat v. Life Insurance Corporation of India in Appeal: No. CIC/DS/A/2013/000048/MP