Details of the selection procedure of disposing appeal on promotions and ranking list of the officer promoted with their marks was denied under section 8(1)(j) - CIC: Grievances of the appellant, if any, may be taken at the suitable forum
9 Feb, 2014Details of the selection procedure of disposing appeal on AO promotions & ranking list of the officer promoted with their marks was denied u/s 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. - PIO: Assisting Committee reviews the cases and recommends the name of officers to be promoted - CIC: Grievances of the appellant, if any, may be taken at the suitable forum
Facts:
1. The appellant Ms. B. Karthiyani has submitted RTI application dated 10 August 2012 before the Manager (CRM), Life Insurance Corporation of India, Tirunelveli, seeking information relating to his AO promotion and present status of his appeal to the cadre of AO through total of 19 points.
2. Vide CPIO order dated 13 September 2012, CPIO provided the requisite information point wise.
3. Not satisfied by the CPIO’s reply on point nos. 4, 5,6,7,9,11,12,13 & 14, the appellant preferred appeal to the First Appellate Authority(FAA) dated 05 October 2012
4. Vide FAA Order dated 06 November 2012, the FAA furnished the requisite information pointwise as the appellant had sought.
5. Being aggrieved and not satisfied by the above response of the public authority on point nos. 4, 12, 14, 07 & 13, the appellant preferred second appeal before the Commission.
6. The matter was heard today vide videoconferencing. The appellant Ms. B. Karthiyani was present at the hearing and made submissions from Tiruneliveli. Respondents Shri Vijay Raghavan, Regional Manager (CRM)/CPIO and Shri Narayanan, Regional Manager (Estate) made submission from Chennai.
7. The appellant submitted that though she has tremendous respect for the LIC of India as an organisation, incomplete information has been provided to her in point no. 4 and 12 of the RTI application.
8. Point no. 4: the information sought is the Ranking list of the officer promoted with marks for the last three years.
9. Point no. 12: information sought is about the details of the “selection” procedure of disposing Appeal on AO promotions.
10. The respondents submitted that information as held has been provided to the appellant. However, information sought regarding the ranking list with marks for promotion for the last three years 201011 and 201213 may not be disclosed as it attracts section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act and is ‘third party’ information. The respondents had provided this information in the appellant’s case along with marks obtained and cut of marks during the 3 years. Also, it was submitted in the FAAO that the representations were called from officers in the cadre of AAO/ABMS against their non selection for promotion to the cadre of AO/BM. The Assisting Committee reviews these cases in the light of the provisions of regulation 7(3) of Life Insurance Corporation of India (Staff) Regulations, 1960 and recommends the name of officers be promoted to the cadre of AO/BM. The copy of the Assisting Committee report for promotion to the cadre of AO for the supplementary round 201213 after applying severability clause under section10 of the RTI Act, 2005 has been provided to the appellant vide letter dated 13.9.2012.
11. The appellant again insisted has there has to be prescribed procedures of the public authority for disposing of appeals on AO promotions.
Decision Notice
12. The Commission has heard both the parties in detail. The Commission is satisfied that the information has been provided to the appellant.
13. However, information sought regarding the ranking list with marks of promotion for the last three years may not be disclosed as it attracts Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act and is ‘third party’ information. 14. The Commission directs the CPIO to confirm in writing the position of the information as held, in point no. 14 of the RTI application to the appellant within ten days of the receipt of the order of the Commission.
15. In rest of the points CPIO’s order is upheld.
16. Grievances of the appellant, if any, may be taken at the suitable forum.
(Manjula Prasher)
Information Commissioner
Citation: Ms. B. Karthiyayini v. Life Insurance Corporation of India in Appeal: No. CIC/DS/A/2013/000105/MP