In the Central Information Commission at New Delhi File No: CIC/AD/A/2011/001189 Date of Hearing : August 19, 2011 Date of Decision : August 19, 2011 Parties: Applicant Shri B.R.Chaudhary Om Neelkanthtirth CHS Flat No.104 Near Kalyan Janta Sahakari Bank Rambaug Lane No.4 Rambaug Kalyan (W) 421 301 The Applicant was present at NIC Studio, Mumbai Respondents Central Railway Divisional Railway Manager's Office Personnel Branch, CST Mumbai Represented by : Shri Dileep Kharad, PIO NIC Studio, Mumbai (Respondent arrived late due to change of NIC studio and was heard after the Appellant left) Information Commissioner : Mrs. Annapurna Dixit ___________________________________________________________________ In the Central Information Commission at New Delhi File No: CIC/AD/A/2011/001189 ORDER
Background
1. The Applicant filed an RTI Application dt.20.10.10 with the PIO, DRM Office, Central Railway,
Mumbai seeking the copy of his service record file, copy of his personal file and the certified copy of
charge sheet with reference to the result of his promotion which was issued on 17.8.04 but was kept
in sealed cover as intimated to him in response to an earlier RTI application. Shri S.K.Panigrahi,
APIO replied on 26.10.10 stating that the xerox copies of SR containing 12 pages can be provided on
payment of prescribed fees. He added that record of personal file could not be located even after a
diligent search. He also provided information against point 3. The Applicant filed an appeal
dt.26.11.10 with the Appellate Authority stating that information provided against point 1 is
incomplete, 2 has been denied and against 3 is misleading. Shri Ved Prakash, Appellate Authority
replied on 21.2.11. The Applicant filed a second appeal dt.20.4.11 before CIC reiterating his request
for a copy of his personal file.
Decision
2. During the hearing, the Respondent reiterated that even after a thorough search they have not been
able to find the personal file of the Appellant. He however stated that as per practice all the
important papers available in the personal file had been removed and placed in the Service record
after the retirement of the employee and that these papers have already been provided to the
Appellant. He also admitted that as far as he knows there are no guideline/instructions stipulating the
period of retention of personal files.
3. The Commission laments at the fact that a personal file of an employee who had retired only last year
in 2010 is not traceable. What is apparent is the total disregard in the Public Authority for proper
management of files. It is high time that a time frame for retention of personal records is introduced
in the schedule for preservation of records, if not already done, and circulated throughout the
Railways by the competent authority. It is equally important that a record of files being destroyed as
per the schedule is maintained by the concerned office.
4. In the instant case, the PIO to lodge an FIR with the Police about the missing file after confirming
once again that the file is indeed not traceable. The PIO thereafter to provide an affidavit to the
Commission with a copy to the Appellant affirming the nonavailability of the file. The PIO also to
include in the affidavit his submission during the hearing about the possibility of the file having been
weeded out and that there are no specific instructions with regard to preservation of personal files.
The fact that all ‘important’ papers which have been removed from the personal file and have been
placed in the service record may also be stated in the affidavit along with a list of the ‘important’
papers. The affidavit along with a copy of the FIR to reach the Commission/Appellant by 25.9.11
and the Appellant to submit a compliance report to the Commission by 26.9.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri B.R.Chaudhary
Om Neelkanthtirth CHS
Flat No.104
Near Kalyan Janta Sahakari Bank
Rambaug Lane No.4
Rambaug
Kalyan (W) 421 301
2. The Public Information Officer
Central Railway
Divisional Railway Manager’s Office
Personnel Branch, CST
Mumbai
3. The Appellate Authority
Central Railway
Divisional Railway Manager’s Office
Personnel Branch, CST
Mumbai
4. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving
(1) copy of RTIapplication, (2) copy of the Commission’s decision, and (3) any other documents which he/she
considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what
information has not been provided.