Central Information Commission
CIC/OP/A/2009/000012-AD
Dated December 16, 2009
Name of the Applicant : Shri Mitesh Kumar
Name of the Public Authority : NER, Gorakhpur
Background
1. The applicant filed an RTI application dt.16.1.09 with the PIO, NER, Gorakhpur
requesting for a certified copy of GM’s memorandum dt.26.2.1981. The PIO
transferred the RTI application to the concerned PIO on 9.2.09. On not receiving an
reply, the Applicant filed an appeal dt.23.3.09 with the Appellate Authority stating that
no information has been received by him. Being aggrieved at not receiving any reply,
from the Appellate Authority, he filed a second appeal dt.19.5.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
on December 16, 2009.
3. Shri Alok Kumar, PIO, Shri P.K.Rai, Appellate Authority and Shri A.K.Srivastava,
Deemed PIO represented the Public Authority.
4. The Appellant was heard through audio conferencing.
Decision
5 Shri P.K.Rai informed the Commission that the RTI application was dispatched only on
29.1.09 and that information was provided on 3.3.09 and in response to the appeal
dt.23.3.09, the Appellate Authority had replied on 30.4.09 upholding the PIO’s reply .
The Respondent added that despite intensive search the memo sought by the
Appellant was not traceable, it being more than 25 years old. He added that that
establishment matters are kept only for 5 years and that he had searched not only at
the issuing end of the memo but also at the receiving end at Banares and was unable
to trace the same. The Appellant who was informed about this effort demanded that
the information regarding non-availability of the information be provided to him in an
affidavit.
6. Accordingly, the Commission directs the PIO to provide an affidavit on a non-judicial
stamp paper informing the Appellant about the non availability of the information and
giving reasons for its non availability. The affidavit should reach the Appellant by
16.1.10 and the Appellant to submit a compliance report by 23.1.2010.
7. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Mitesh Kumar
D-51/15, Juli Katra
Old Pan Dariba
Aurangabad Road
Varanasi
2. The PIO
Office of the General Manager
North Eastern Railway
Gorakhpur
3. The Appellate Authority
Office of the General Manager
North Eastern Railway
Gorakhpur
4. Officer incharge, NIC
5. Press E Group, CIC