Mrp C Subramanyam Achari v. National Insurance Co. Ltd.

1. The appellant, Shri P C Subramanyamn Achari, submitted RTI application dated 23 July 2013 before the Central Public Information Officer (CPIO), National Insurance Co. Ltd., Kolkata; seeking information regarding his CR marks for the years 2009 to 2013; marks obtained by all the selected candidates from scale III to scale IV etc., through a total of

1. The appellant, Shri P C Subramanyamn Achari, submitted RTI application dated 23 July 2013 before the Central Public Information Officer (CPIO), National Insurance Co. Ltd., Kolkata; seeking information regarding his CR marks for the years 2009 to 2013; marks obtained by all the selected candidates from scale III to scale IV etc., through a total of 8 points.

2. Vide reply dated 13 September 2013, CPIO furnished the information except on point no. 3(b) relating to chart showing marks obtained by all the selected candidates from Scale III to Scale IV under each head, point 3 (f)(i) & (ii) relating to number of officers promoted from marketing to technical department and number of officers promoted from other departments, respectively which was denied u/s 8(1)(j) of the RTI ACT, 2005; denied information on point nos. 3(f)(i) &(ii) as the information sought was not maintained by them and also denied information on point no. 4(b) on the ground that as the examination was held online, therefore, the information could CIC/MP/A/2014/000130 not be provided. Not satisfied by the CPIOs reply, the appellant preferred an appeal dated 27 September 2013 to the first appellate authority (FAA) alleging that he had been wrongly denied the information by the CPIO concerned. Vide order dated 1 October 2013, FAA upheld the CPIOs decision and also explained the same.

3. Dissatisfied with the response of the public authority, the appellant preferred appeal before the Commission.

4. The matter was heard by the Commission. The appellant submitted that he had been wrongly denied the information by the respondents terming it as absolutely third party information and citing Delhi High Court case of National Insurance Co. Ltd. Vs. MSH Beig. The respondents submitted that question booklet/answer sheet had been exempted as per MSH Beig case and section 8(1) (j) of the RTI Act, 2005. They also submitted that the exam was online and online exams are auto generated, therefore no information was available with them. The respondents submitted that next date of hearing of MSH Beig case was in November 2014. The Honble High Court has given decision in National Insurance Co. Ltd vs. Shri MSH Beig (WP(C) No. 272/2012) on 20.11.2014 that as the numbers of questions are limited and disclosure of the same would affect the efficacy of the promotional exams conducted by the NIA therefore the order directing the disclosure of question paper and answer key is set aside.

5. The Commission holds that information as available with respondents has been provided. The appeal is disposed of. (Manjula Prasher) CIC/MP/A/2014/000130 Information Commissioner Authenticated true copy: (T.K.Mohapatra) Dy. Secretary & Dy. Registrar Ph. No. 01126105027 Copy to: Central Public Information Officer (under RTI Act) National Insurance Company Ltd Chief Manager,Regd & Head Office:3, Middleton Street, Kolkata700071 First Appellate Authority (under RTI Act) National Insurance Company Ltd Deputy General Manager,National Insurance Co Ltd,Regd & Head Office:3, Middleton Street,Kolkata Shri.P C. Subramanyam Achari A5/011, Cauvery Block, National Games Village, Koramangala, Bangalore560047 CIC/MP/A/2014/000130