To:

Mr.Rajamohan V. Bhavaraju,
First Appellate Authority,
United India Insurance Co. Ltd.
Regd. & Head Office,
24 Whites Road,Chennai 14

From:
Mr.Amit Sopan Bhagat.
Jaymalhar Chawl 1,Indira Nagar 2,
Golibar Road,Ghatkopar West.
Mumbai 400086.
Total: 4 Pages (Including this one)
Mobile 8237211874. Dated: 13/10/2017

Respected Sir,

SUB: First Appeal under Sec 19(1) of the RTI Act 2005

I, Mr Amit Sopan Bhagat, a citizen of India, would like to make a FIRST APPEAL under Sec
19(1) of the RTI Act 2005, as per the following details:

1. Name and Address of Appellant: Mr. Amit Sopan Bhagat.

Jaymalhar Chawl 1,Indira Nagar 2,
Golibar Road,Ghatkopar West.
Mumbai 400086.
Mob: 8237211874.
Email: amit_264@yahoo.co.in

2. Name and Details of CPIO appealed against: CPIO

Ms. H. Nithyakala
United India Insurance Co. Ltd.
Regd. & Head Office,
24 Whites Road,Chennai 14

3. Reference of the original RTI Application: UIICL/R/2017/50198 Dated 24/08/2017.

4. Reference of reply of CPIO appealed against: PARTIAL INFORMATION RECEIVED

5. If personal hearing required: No, personal hearing is not requested.

.Contd. Page 2
 Page 2
BACKGROUND:

I had applied to the CPIO, Ms.H.Nithyakala, for certain information, under the RTI Act 2005,
as per my application ref: UIICL/R/2017/50198 dated 24/08/2017. The application was
accompanied by a online payment of Rs. 10.00 , as payment for application fees

The RTI application was sent online.

A copy of the said application and the proof of payment is attached herewith as
ANNEXURE I (Total 2 pages)

GROUND FOR FIRST APPEAL:

In response to CPOs response to my RTI appeal (ref: UIICL/R/2017/50198 dated

24/08/2017) my ground for first appeal is, point wise

1. Point No. 1 : I sought information regarding The date on which first increment is given
to me. CPIO has provided me pages of Personnel Manual, pertaining to the increment
along with Salary sheets & Account records. but has not mentioned the date/month of
first increment clearly.
CPIO has to provide me the exact date/month of my first increment in clear words.

2. Point No. 2 : I sought information regarding The procedures followed in my case for
confirmation of my services. But, CPIO seems to have taken an easy escape by not
responding to this point.

I sought that information because according to the rules in Personnel Manual & the
details furnished by CPIO clearly suggest that my Date of confirmation should have been
near around first week of March 2016, but My confirmation letter (Received against my
RTI application) mentions it as 01/07/2017 (I.e After a huge gap of 16 months).
Therefore, the information asked for, is very much necessary to bring transparency &
accountability in the working system of the company.

Hence, CPIO need to furnish information regarding this.

3. Point No. 4 & 5 : CPIO has sought exemption by invoking Chapter 1 Section 2(f) of RTI
Act, 2005 thereby denying to provide any relevant information pertaining to my points.
CPIO has not clearly mentioned that on what ground she sought an exemption.

Its hard to believe that confirmation has no impact on the salary structure of an
employee. Similarly, its difficult to believe that date of confirmation has no
relevance/impact on further career of an employee in that company.

.Contd. Page 3
 Page 3

Absence of any such documented rules/regulations/norms indicates that these things are
governed by conventions & discretion. In that case, CPIO has to clearly mention it.

Therefore, CPIO has to provide the information regarding point 4 & 5, as these points
were very clear.

In nutshell,CPIO has provided me partial information without disclosing the major part of it
notwithstanding with Section 10(1) of RTI Act,2005.

Due to these reasons the First Appeal is made under Section 19(1) of the RTI Act 2005

MY PRAYER / PLEA IN THIS FIRST APPEAL:

1. Instruct the CPIO, in writing, to give complete information as requested in my

above mentioned RTI Application.

2. Issue a written warning to the CPIO, under the present Rules and Regulations of
Service, instructing him that he should adhere to the time limits specified in the RTI
Act 2005 as well as respect the RTI Act in its letter and spirit.

3. As per Sec 19(5) of the RTI Act 2005, during the appeal proceedings, the CPIO,
should be asked to explain his deemed denial of request for information, since the
onus to prove that the denial of request was justified, is on the CPIO.

SPECIAL NOTE:

1. Your attention is drawn to the contents of the Office Memorandum No. 1/3/2008-IR,
dated 25 April 2008, issued by DoPT, titled Guidelines for the Officers designated as
First Appellate Authorities under the RTI Act 2005, the relevant excerpts are quoted
for your ready reference below:

38. Deciding appeals under the RTI Act is a quasi-judicial function. It is,
therefore, necessary that the appellate authority should see to it that the
justice is not only done but it should also appear to have been done. In
order to do so, the order passed by the appellate authority should be a
speaking order giving justification for the decision arrived at.

..Contd. Page 4
 Page 4

40. If an appellate authority comes to a conclusion that the appellant

should be supplied information in addition to what has been supplied to
him by the CPIO, he may either (i) pass an order directing the CPIO to
give such information to the appellant; or (ii) he himself may give
information to the appellant while disposing off the appeal. In the first case
the appellate authority should ensure that the information ordered by him
to be supplied is supplied to the appellant immediately. It would, however,
be better if the appellate authority chooses the second course of action and
he himself furnishes the information along with the order passed by him in
the matter.

2. Your attention is also drawn to the following order of the Honble Supreme
Court

M/s Nagarjuna Construction Company Limited v. Govt. of Andhra

Pradesh and Ors. While deciding Civil Appeal 1438 of 2004, the
Honble Supreme Court has observed on 20th October 2008:
36. Principles of natural justice are those rules which have been laid
down by the Courts as being the minimum protection of the rights of
the individual against the arbitrary procedure that may be adopted by
a judicial, quasi-judicial and administrative authority while making
an order affecting those rights. These rules are intended to prevent
such authority from doing injustice.

Thanking You,

Amit Sopan Bhagat.

Encl: RTI Application, Fee Receipt 2 Pages.

 Date : 24/08/2017.

To,
The Central Public Information Officer
United India Insurance Co. Ltd.
Head Office, Chennai.

Sub : Request of Information under Right to Information Act.2005.

I,Mr.Amit Sopan Bhagat S/O Mr.Sopan Kondaji Bhagat, Resident of Ghatkopar,

Mumbai,currently working in Chandrapur Branch of United India Insurance Co.Ltd.
My Employee No. is 29467.
My Contact no. : 82372 11874
My Current Address : C/O Prafulla Peter,Plot no.25,Behind Jain Temple,Vivek Nagar,
Mul Road,Chandrapur,Maharashtra 442401.
My Email ID : amit_264@yahoo.co.in

Respected Sir,

I wish to seek the information pertaining to my confirmation process.

Please provide me the following information under Right to Information Act 2005.

1. Detailed information regarding, when the first increment is given to a newly

recruited employee. Information about the date on which it has been given to me.
Kindly provide me all the supportive documents along with my salary sheet &
account records of the corresponding month/s at RO Nagpur & HO Chennai.

2. Details of the norms/procedures followed for the confirmation of an employee having

LOPs (Loss of Pay) in his/her case. Also provide me the information of the impact of
LOPs on the confirmation of such employee. Kindly provide me the Information
regarding the respective procedures followed in my case.

3. Kindly provide me the copy of my confirmation letter.

4. Detailed information of the the impact of confirmation on the salary structure of an

employee (Especially on a newly recruited Admin Officer)

5. Kindly provide me the details regarding significance of date of confirmation, its

relevance & impact on further career of an employee in that company. Also provide
the supportive documents/rules/circulars/noting/orders for this.
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Your RTI Request led successfully.

Please note down the following details for further references.

Registration Number UIICL/R/2017/50198

Name AMIT BHAGAT

Date of Filing 24-08-2017

RTI Fee Received 10

Payment Mode Internet Banking

SBI Reference number IK00HBNAT3

Transaction Status Completed Successfully

Request led with United India Insurance Co. Ltd.

Contact Details
Telephone Number
Email Id hnithyakala@uiic.co.in

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