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Decision No. CIC/SG/A/2011/000214/12045
Appeal No. CIC/SG/A/2011/000214
Relevant Facts
emerging from the Appeal:
Appellant : Mr. M. K. Gupta
Flat no. 40, GF, Pocket D-14,
Sector 7, Rohini,
Delhi-110085
Respondent : Mr. N. S. Yadav
PIO & MLO
Transport Department, GNCTD
South Zone, Local Shopping Complex,
Shekh Sarai, Phase-II,
Delhi
RTI application filed on : 18/08/2010
PIO replied : 15/09/2010
First appeal filed on : 24/09/2010
First Appellate Authority order : 29/11/2010
Second Appeal received on : 21/01/2011
S.No. Information sought by the appellant Reply of the PIO
1. Photocopy of the documents submitted for age proof by Ms. Asha Gupta, R/o. Records were weeded out as
Flat No. 72-A, Himgiri Apartments, Kalkaji Ext., New Delhi- 110019. per weeding out procedure of
2. Photocopies of the ducments submitted for address proof by abovementioned obsolete documents.
person.
First Appeal:
Information not satisfactory.
Order of the FAA:
MLO(SZ) shall provide details of the records which have been weeded out so as to satisfy the appellant
that requisite information is no longer available. As regards license no. P03032003356293 & renewal
thereof, MLO shall provide contents of the same to the applicant.
Ground of the Second Appeal:
Response not satisfactory.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. M. K. Gupta;
Respondent : Mr. N. S. Yadav, PIO & MLO;
The PIO has given evidence that the record has been weeded out as per the retention schedule. He
has also produced a letter showing that the record has been weeded. In view this information is not held
by the public authority and hence cannot be given. The appellant states that as per decision
CIC/MA/A/2008/000117 the public authority must obtain the record or information from the person to
whom the license has been given and provide it to him. The Appellant is not interpreting the decision
appropriately and no decision can ask public authorities to go about obtaining records which would be
with various individuals and providing them under RTI.
Decision:
The Appeal is dismissed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
19 April 2011
(In any correspondence on this decision, mention the complete decision number.) (AP)