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Central Information Commission Central Information Commission Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 Telefax:011-26180532 & 011-26107254 website-cic.gov.in Appeal: No. CIC/DS/A/2011/000958 Appellant /Complainant : Shri Yogeshwar Chawarfe, Thane (Maharashtra) Public Authority : LIC of India, Mumbai ( Ms Anita, Law Officer/SBI, Ms. Anjali Deshpande, LIC Sh. B.Narsiah, LIC, Sh. PVS Naga Raja Rao, LIC & Sh. S. Bandopadhyay, LIC - through videoconferencing) Date of Hearing : 11 April 2012 Date of Decision : 11 April 2012 Facts:- CIC/DS/A/2011/000958 1. Shri Yogeshwar Chaware submitted RTI application dated 16 August 2010 before the CPIO, LIC, Mumbai seeking the details in respect of All Existing Officers across all Grades and Post with Functional Designation and any other Term or Nomenclature used for their Appointment in UTI AMC Ltd who are on Pay Roll as of 1/8/2010. 2. Vide CPIO Order dated 26 August 2010, CPIO informed the Appellant that the RTI Application has been transferred to the CPIO, UTI Asset Management Co. Ltd. 3. Not satisfied by the CPIO's reply, the Appellant preferred first Appeal to the First Appellate Authority dated 5 October 2010. 4. Vide FAA Order dated 20 October 2010, FAA informed that the information sought belongs to the UTI AMC Ltd. and since there is no administrative control vested Adjunct to Appeal: No. CIC/DS/A/2011/000985 in the working of the UTI AMC Ltd, no information is available in the records and thus cannot be provided to the Appellant. CIC/DS/A/2011/000966 5. In another Case, the Appellant submitted RTI Application before the CPIO, SBI, Mumbai seeking similar information as above. 6. The Public Authority refused to furnish the information to the Appellant on the grounds that the information sought belongs to UTI AMC Pvt. Ltd. and is not available with the Bank. Further it was informed to the Appellant that UTI AMC Pvt. Ltd is not a `Public Authority' as per the Provisions of the RTI Act, 2005. 7. Being aggrieved and not being satisfied by the above response of the public authority(s), the appellant preferred second appeal before the Commission. 8. Both the Matters were heard today. Respondents representing LIC, Mumbai and SBI, Mumbai were present at the hearing in person and through Videoconferencing at Mumbai respectively. Appellant was present at the hearing through Videoconferencing at Thane. 9. Respondents submitted that UTI AMC Pvt. Ltd had been granted an ad interim stay by the Bombay High Court on the Commission's Order dated 6/8/2008 declaring UTI AMC Pvt. Ltd a ªPublic Authorityº. It was further stated that the stay order is currently in force. Decision Notice 10. The Commission is of the view that the question of whether this particular company is a public authority is not yet finally settled and is pending before the High Adjunct to Appeal: No. CIC/DS/A/2011/000985 Court. Therefore, the matter is deferred till the time that the ad interim stay is vacated / final decision of the Court and any one of the parties may inform the Commission. Therefore, we do not intend to pass any orders in the present case at this stage. 11. Both the cases are disposed of accordingly. (Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy: (T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 011-26105027 Copy to:- 1. Sh YogeshwarChaware General Secretary-A.I.U.T. SC/ST C/o UTI Mutual Fund Jasraj Copmmercial Complex, Valli PeerStation Road Bail Bazar, Kalyan (W) Distrt : thane-421301 (Maharashtra) 2. The CPIO Executive Director (New Projects) LIC of India , RTI Department, Central Office 5th Floor (West Wing) Yogakshema, Jeevan Bima Marg Mumbai-400021 Adjunct to Appeal: No. CIC/DS/A/2011/000985 3. The Appellate Authority Managing Director LIC of India , RTI Department, Central Office 5th Floor (West Wing) Yogakshema, Jeevan Bima Marg Mumbai-400021 Adjunct to Appeal: No. CIC/DS/A/2011/000985 .
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