Central Information Commission
CIC/AD/A/2010/000198
Dated April 9, 2010
Name of the Applicant : Shri S.D.Dandekar
Name of the Public Authority : M/o Railways
Background
1. The Applicant filed his RTI application dt.31.6.09 with the PIO, Ministry of Railways seeking the
following information:
Status of assurance given to Shri Manohar Joshi, M.P. by MOSR(V) MRA 506/07 dt.15.2.07 ‘I am
having the matter looked into / The matter is being examined’
Shri R.D.Choudhury, CPIOI replied on 27.7.09 stating that ‘As per records available in the Branch,
the matter was examined and thereafter the position was submitted for the perusal of then MR on file
No.E(REP)/I05/WCR4/134 on 21.1.08. The file on the subject is not traceable’
Not satisfied with the reply, the Applicant filed an appeal dt.20.8.09 with the Appellate Authority
stating that it is not known as to from what date the file has become untraceable and who is the
competent authority to classify the file as not traceable / lost. Shri A.K.Nigam, Appellate Authority
replied on 24.9.09 enclosing the information furnished by Shri R.P.Meena who vide his note
dt.23.9.09 stated that information provided to him vide letter dt.27.7.09 is based on the factual
position and the same still holds good and despite best efforts, the relevant file could not be traced.
Being aggrieved with the reply, the Applicant filed a second appeal dt.16.12.09 before CIC reiterating
his request for the information. He stated that the fact of the non availability of the file should be
brought to the notice of present Minister of Railways by asking railways to do so.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for April 9,
2010.
3. Shri R.D.Choudhary, CPIO, Shri R.B.S.Negi, EDE, Shri Koshy Thomas, JDPCII and Shri Jiwa Nand,
JDE(Rep) represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Respondent submitted that the file was submitted to the then Hon’ble Minister of Railways during
2008 and after that there was no trace of it and that it is not possible to trace the same as the Minister
has changed since then. The Appellant. However, insisted that information as available in the records
of the then Minister may be provided to him even if the file is lost. He wanted to know what decision
the Minister had taken on the matter in his file.
6. The Commission after hearing both sides, directs the PIO as follows:
i) to constitute an enquiry committee comprising high level officers to enquire into the matter
of the missing file and if file is located to allow inspection of the file by the Appellant and to provide
him with copies of documents he requires.
ii) to seek the information from other sources such as the office of the then Minister of
Railways.
Iii) Lodge an FIR on the missing file in the event the file was lost in the office of the PIO,
Ministry of Railway
.
7. The entire exercise should be completed by 15.5.10 and the Appellant to be provided with the
information or the enquiry report in the event the file is lost by 20.5.10.
8. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy. Registrar
Cc:
1. Shri Sudhakar Dattartraya Dandekar
10/232 Vijaynagar Society
Swami Nityanand Marg
Andheri (East)
Mumbai 400 069
2. The PIO
Ministry of Railways
O/o Executive Director (EN) & CPIOI
Railway Board
Rail Bhawan
New Delhi
3. The Appellate Authority
Ministry of Railways
O/o Advisor (IR)
Railway Board
Rail Bhawan
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC