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Smart Summary

Factual and Procedural Background

The Appellant, Mr. Gopal Das Bansal, filed an RTI application on 30.12.2021 seeking information regarding the expenditure incurred by the Life Insurance Corporation of India (LIC) on Corporate Social Responsibility (CSR) initiatives, specifically related to the Jan Kalyan Fund. The Central Public Information Officer (CPIO) responded on 24.01.2022. Dissatisfied with the response, the Appellant filed a First Appeal on 03.03.2022; however, the order of the First Appellate Authority (FAA) is not on record. Subsequently, the Appellant filed a Second Appeal before the Central Information Commission, which was received on 10.08.2022. The hearing took place on 21.06.2023, and the decision was delivered on 27.06.2023.

Legal Issues Presented

  1. Whether the CPIO is obliged to provide detailed information regarding LIC's expenditure on CSR activities, specifically related to the Jan Kalyan Fund and associated scholarship and welfare schemes?
  2. Whether the information sought by the Appellant concerning CSR funds allocated for welfare in tribal areas such as Shahdol should be furnished in the spirit of transparency and accountability under the RTI Act, 2005?

Arguments of the Parties

Appellant's Arguments

  • The Appellant submitted that no information had been provided despite the RTI application.
  • The RTI sought information on LIC’s expenditure on CSR/Jan Kalyan Fund.
  • He argued that LIC sponsors multiple scholarship schemes and welfare programs funded by CSR funds, and thus the respondent should have data on these.
  • Emphasized the importance of such information for tribal areas like Shahdol, which require welfare funding for deprived classes.

Respondent's Arguments

  • The Respondent stated that LIC does not have a CSR fund named Jan Kalyan Fund.
  • Consequently, they could not provide the specific information sought by the Appellant.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Commission considered the submissions of both parties and noted the Appellant’s insistence on the importance of CSR information, especially given LIC's involvement in multiple scholarship and welfare schemes funded by its CSR allocations. The Respondent’s claim that no specific Jan Kalyan Fund exists was acknowledged, but the Commission emphasized the need for transparency and accountability under the RTI Act, 2005. It directed the CPIO to re-examine the RTI application and provide detailed, point-wise information within 30 days. The Commission underscored the significance of providing information related to CSR initiatives, particularly for tribal and marginalized communities such as those in Shahdol, highlighting the public interest in accessibility of such data.

Holding and Implications

The Commission issued the following ruling:

The appeal is disposed of with a direction to the CPIO to furnish detailed information in accordance with the RTI Act, 2005, within 30 days.

This decision mandates the provision of information regarding LIC’s CSR expenditures and associated welfare schemes, thereby reinforcing the principles of transparency and accountability. The order directly affects the parties by requiring the Respondent to comply with the RTI request more comprehensively. No new precedent was established beyond the application of existing RTI principles to the facts of this case.

    GOPAL DAS BANSAL v. Life Insurance Corporation of India

    केन्द्रीयसचूनाआयोग Central Information Commission बाबागगं नाथमागग,मनु नरका Baba Gangnath Marg, Munirka नईनिल्ली, New Delhi - 110067

    द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/LICOI/A/2022/138129-UM Mr. GOPAL DAS BANSAL

    ….अपीलकताा/Appellant

    VERSUS

    बनाम

    CPIO,

    LIFE INSURANCE CORPORATION OF INDIA,

    NODAL CPIO, RTI CELL, CRM DEPTT., JEEVAN PRAKASH,

    DIVISIONAL OFFICE, 1-A, NEW HOUSING BOARD, COLONY, BY-PASS ROAD, SHAHDOL, M. P.-484001 ..... प्रद्वतवादीगण /Respondent

    Date of Hearing : 21.06.2023

    Date of Decision : 27.06.2023

    Date of RTI application 30.12.2021
    CPIO’s response 24.01.2022
    Date of the First Appeal 03.03.2022
    First Appellate Authority’s response Not on record
    Date of diarized receipt of Appeal by the Commission 10.08.2022

    O R D E R

    FACTS

    The Appellant vide RTI application sought information, as under:-

    Page 1 of 3

    The CPIO vide letter dated 24.01.2022 furnished a reply to the Appellant. Dissatisfied with the reply of the CPIO, the Appellant approached the FAA.The order of the FAA, if any, is not on the record of the Commission.

    Thereafter, the Appellant filed a Second Appeal before the Commission.

    HEARING:

    Facts emerging during the hearing:

    The following were present:

    Appellant: Present through AC

    Respondent: Mr M M Mytra Manager Personnel Present through AC The Appellant while reiterating the contents of the RTI Application submitted that no information has been given to him so far. He submitted that the RTI was filed to seek information regarding expenditure done by LIC on Corporate social responsibility/Jan Kalyan Fund. The Respondent countered the claim of Appellant stating that they do not have any Corporate Social Responsibility fund in the name of Jan Kalyan fund and therefore they could not provide information sought by the Appellant.

    The Appellant countered the claim of Respondent stating that there are multiple scholarship schemes sponsored by LIC for meritorious students and other welfare schemes whose money comes from the CSR funds of LIC & therefore the respondent should have the data regarding it. He further submitted that his region, Shahdol is a tribal area and therefore funds for the welfare of these deprived classes are important and therefore he sought the details relating to it.

    DECISION:

    Keeping in view the facts of the case and the submissions made by both the parties, the Commission directs the CPIO to re- examine the RTI Application and furnish point-wise,

    Page 2 of 3

    detailed information to the Appellant, in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 30 days from the receipt of this order under the intimation to the Commission.

    In light of the appellant's argument highlighting the significant role of Corporate Social Responsibility (CSR) and its impct on social welfare, the Commission advises that all possible efforts to be made to provide the information pertaining to CSR initiatives sought in the RTI application. Considering the presence of multiple scholarship schemes and welfare programs funded by LIC's CSR funds, it is crucial to ensure transparency and accessibility to this data, party in regions like Shahdol, which comprise tribal areas, The availability of information regarding funds allocated for the welfare of marginalized communities holds immense importance. The Appeal stands disposed accordingly.

    (Uday Mahurkar) (उदय माहूरकर)

    (Information Commissioner) (सचूना आयक्तु )

    Authenticated true copy (अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर.के. राव)

    (Dy. Registrar) (उप-पंजीयक)

    011-26182598

    द्वदनांक / Date: 27.06.2023

    Page 3 of 3

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    GOPAL DAS BANSAL v. Life Insurance Corporation of India
    (Jun 27, 2023)