Information about the information submitted by M/s. Mc Larens Young Loss Adjusters to obtain surveyor license namely shareholding pattern, PAN, TAN, copy of the performance report, etc was sought - CIC: denial u/s 8(1)(e) upheld

Facts:

1. The appellant, Shri Shankar Chandra Das Gupta, submitted RTI application dated 29 December 2012 before the Central Public Information Officer (CPIO), Insurance Regulatory and Development Authority, Hyderabad; seeking information regarding name of the shareholders available in the official records of IRDA at the time of granting survey license to M/s Mc Larens Young Loss Adjusters and Surveyors India Pvt. Ltd. (SLA 72502) incorporating the name of Shri Venkataramani Srinivasan (SLA 37980) and Shri Satinder Kumar (SLA 116 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. ).

2. Vide reply 11 February 2013, CPIO denied the information to the appellant u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; & 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act, 2005. Not satisfied with the CPIO’s reply, the appellant preferred an appeal dated 16 March 2013 to the first appellate authority (FAA) alleging that he had been wrongly denied the requested information by the CPIO concerned. Vide order 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. April 2013, FAA upheld the CPIO’s decision.

3. Not satisfied with the response of the public authority, the appellant preferred second appeal before the Commission.

4. The matter was heard today. The appellant submitted that he is seeking information about the information submitted by M/s. Mc Larens Young Loss Adjusters to obtain surveyor license namely shareholding pattern, PAN, TAN, copy of the performance report, etc. The respondent submitted that the information sought is held in fiduciary capacity and attracts section 8 (1) (e) of the RTI Act, 2005. Further, no larger public interest has been established by the appellant in the disclosure of the information. The names of the shareholders are already in the public domain in the Ministry of Corporate Affairs official website.

Decision Notice

5. The Commission accepts the CPIO’s submissions that the information being sought for by the appellant is held by them in fiduciary capacity and disposes of the appeal.

(Manjula Prasher)

Information Commissioner

Citation: Shri Shankar Chandra Das Gupta v. Insurance Regulatory and Development Authority in Appeal: No. CIC/DS/A/2013/001524/MP