Central Information Commission
CIC/OP/A/2009/000008 - AD
Dated 2nd March, 2010
Adjunct to the Order in the Case No.CIC/OP/A/2009/000008 - AD
Dated 17.12.09 in the case of
Mr. Ashok Kumar Jha
v/s.
East Central Railway
Hearing was held on 2nd March, 2010
Decision
1. The Order given by the Commission on 17.12.09 in the above case is as follows:
i) The Respondent submitted that there is no rule for preservation of marks of
Preliminary Tests conducted by the Railway Recruitment Board and added that
since the preservation period of marks sheets is only 7 years, the information
is most likely not available. The Appellant, however, maintained that the 7
year period was not over when he had filed the RTI application. In these
circumstances, the Commission directs the CPIO to search for the information
and provide the same by 29 January, 2010, if available. In the event the
marks sheets have been destroyed, the Respondent to provide an affidavit
informing the Appellant about the weeding out of records along with the
evidence. The Commission also directs the CPIO to appear for a hearing at the
Commission on 02.03.2010 at 4.30 p.m. with his explanation for the delay in
providing the information to the Appellant.
2. The Commission received a letter from the Appellant a letter dated 02.02.10 stating
that he has been advised by the PIO to pay Rs.1426/- being the fees for supply of
documents and that he is only liable to pay the required fee for supply of documents if
it is demanded by the PIO within 30 days from the date of receipt of RTI request. He
requested the Commission to ensure that the documents are provided free of cost.
3. The Commission received a rejoinder dated 10.02.10 from the PIO cum Assistant
Secretary, RRB, Muzaffarpur stating after a lot of search of old confidential documents
the marks sheet for preliminary written examination could be traced some how, with
great difficulty and details of marks obtained were provided to the Appellant. The PIO
also stated that the Appellant has been advised to deposit Rs.1426/- towards
photocopying of the summary sheet of the performance of candidates.
4. Mr. Dinesh Singh, PIO cum Assistant Secretary represented the Public Authority
5. The Appellant was not present during the hearing.
Decision
6. The Respondent submitted that the RTI application was received on 13.06.07 and that
information was provided on 02.07.07 while informing the Appellant that the
information sought could not be located even after an intensive search. This fact was
confirmed by the then Chairman of the RRB. However after the decision of the
Commission was passed the CPIO searched once again for the information and the
same was located in a locked room wherein documents were archived. The information
was provided to the Appellant on 27.01.10. Since the information was not provided
within one month of receipt of the RTI application as stipulated in the RTI Act, the
Commission directs the PIO to provide the information, free of cost, to the Appellant
by end of March, 2010.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Ashok Kumar Jha
C/o Sri Ganesh Jha
AT + PO – Ramna
Dist. Muzaffarpur
Bihar – 842 002.
2. The PIO
East Central Railway
Office of the General Manager
Hajipur.
3. The Appellate Authority
East Central Railway
Office of the General Manager
Hajipur.
4. Officer in charge, NIC
5. Press E Group, CIC