Respondent: Investigation report was sent to the CVC for further advice; Subsequently, the CVC informed that they treated the complaint as dealt with and closed - CIC: Provide a copy of the letter received from the CVC regarding closure of investigation
O R D E R
The Appellant vide his RTI application sought information regarding copy of all documents regarding action taken, investigation report submitted to CVC, Notes and decisions of Competent Authorities/ Enquiry Officer, etc on his complaint dated 22.08.2012 and issues related thereto. The CPIO and Executive Director (RTI), vide its letter dated 25.11.2014, stated that the Public Authority had not received the said Complaint from the CVC and hence the information sought could not be considered as ‘record’ as provided under section 2 (i) of the RTI Act, 2005. Dissatisfied by the response of the CPIO, the Appellant approached the FAA. The FAA, vide its order dated 19.01.2015 provided additional details to the Appellant.
Facts emerging during the hearing:
The following were present:
Appellant: Mr. N. Saini (M: 09826097030) through VC;
Respondent: Mr. P. R. Mishra, Secretary (RTI), LIC Central Office, Mumbai (M: 8291416255) and Mrs. Anjali Deshpande, AO (M:8108156966) through VC;
The Appellant reiterated the contents of his RTI application and stated that the information sought had not been provided to him, till date. The Respondent informed the Commission that in the aforesaid case, hearing in the matter had already been conducted on 26.08.2015, however the Appellant was not present at the time of the hearing. The Appellant confirmed to the submission made by the Respondent in this regard and stated that vide orders of the High Court, the hearing before the Commission had been re-scheduled to the present date. However, the Commission was not in possession of any authentic records in this regard. Explaining the action taken in the matter, the Respondent submitted that the matter was referred by them to the CVC and investigation report was also sent to the CVC on 29.01.2013 for further advice in the matter. Subsequently, the CVC vide its OM Dated 16.04.2013 informed that they treated the complaint as dealt with and closed. During the course of hearing, the Respondent also submitted that the information sought by the Appellant was exempted from disclosure as per Section 8 (1)(j) of the RTI Act, 2005. The Appellant contested the submissions of the Respondent and submitted that being the Complainant himself he was entitled to seek all the documents relating to investigation report submitted to CVC, Notes and decisions of Competent Authorities/ Enquiry Officer, etc. in order to contest the matter further. On a query from the Commission regarding whether the copy of letter received from the CVC regarding closure of investigation could be provided to the Appellant, the Respondent replied in the affirmative.
Keeping in view the facts of the case and the submissions made by both the parties, the Commission directs the Respondent to provide a copy of the letter received from the CVC regarding closure of investigation, within a period of 15 days from the date of receipt of this order. The Appeal stand disposed with the above direction.
Citation: Mr. N. Saini v. LIC of India in Appeal No.:-CIC/MP/A/2015/001057-BJ Date of Decision : 08.05.2017