In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000252
CIC/AD/A/2011/000253
CIC/AD/A/2011/000263
Date of Hearing : March 14, 2011
Date of Decision : March 14, 2011
Parties:
Applicant
Shri Nachiketa
R/o Gehloton Ka Baas
Magra - Poonjala
Jodhpur
Rajasthan
The Applicant was not present during the hearing.
Respondents
North Western Railway
Divisional Railway Manager's Office
Jodhpur Division
Jodhpur
Represented by : Shri Ashok Kumar Mehta, APIO
Shri G.R.Hindonia, Sr.DSTE
Shri G.R.Jain, ADEN
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000252
CIC/AD/A/2011/000253
CIC/AD/A/2011/000263
ORDER
Background
CIC/AD/A/2011/000252
1. The Applicant filed an RTI application dt.20.2.10 with the PIO, DRM Office, North Western Railway,
Jodhpur seeking the attested copy of the attendance register indicating his attendance along with pay
bill for the month of November 1977. The PIO replied on 9.6.10 enclosing the information dt.8.6.10
furnished by Sr.DEN/Coord who stated that information pertaining to 1977 is not available in his office
since the same must have been deposited with the Finance section as per practice during that
period. Not satisfied with the reply, the Applicant filed an appeal dt.3.7.10 with the Appellate
Authority reiterating his request for the information. Shri G.N.Sharma, PIO replied on 30.7.10
enclosing the information dt.27.7.10 furnished by DFM who stated that as per a letter dt.15.4.98, all
records upto 1995 had been weeded out and hence information cannot be provided. Being
aggrieved with the reply, the Applicant filed a second appeal dt.2.11.10 before CIC.
CIC/AD/A/2011/000253
2. The Applicant filed an RTI application dt.24.4.10 with the PIO, DRM Office, North Western Railway,
Jodhpur seeking the attested copy of the attendance register indicating his attendance for the month
of December 1977. The PIO replied on 9.6.10 enclosing the information dt.8.6.10 furnished by
Sr.DEN/Coord who stated that information pertaining to 1977 is not available in his office since the
same must have been deposited with the Finance section as per practice during that period. Not
satisfied with the reply, the Applicant filed an appeal (copy not enclosed) with the Appellate
Authority reiterating his request for the information. Shri G.N.Sharma, PIO replied on 2.8.10
enclosing the information dt.27.7.10 furnished by DFM who as per the letter dt.15.4.98, all records
upto 1995 had been weeded out and hence information cannot be provided. Being aggrieved with
the reply, Applicant filed a second appeal dt.2.11.10 before CIC.
CIC/AD/A/2011/000263
3. The Applicant filed an RTI application dt.26.4.10 with the PIO, DRM Office, North Western Railway,
Jodhpur seeking the attested copy of the attendance register indicating his attendance for the month
of October 1977. Not satisfied with the reply (copy not enclosed), the Applicant filed an appeal
(Copy not enclosed) with the Appellate Authority reiterating his request for the information. Shri
G.N.Sharma, PIO replied on 28.7.10 enclosing the information dt.21.7.10 furnished by DFM who as
per the letter dt.15.4.98, all records upto 1995 had been weeded out and hence information cannot
be provided. Being aggrieved with the reply, Applicant filed a second appeal dt.2.11.10 before CIC.
Decision
4. The Commission on review of the documents submitted along with all 3 appeals in the above
mentioned cases, has noted that the records of 1977 are no longer available with the Public
Authority since they had been weeded out within 3 years of their creation, as per the schedule for
preservation of records. This fact has been confirmed by the Respondents from contents of the
letter dated 15.4.1998 . The Commission therefore, directs the PIO to provide a copy of the letter
dt.15.4.98 to the Appellant by 14.4.11 and the Appellant to submit a compliance report to the
Commission by 21.4.11
5. The appeals are disposed of with the above directions..
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Nachiketa
R/o Gehloton Ka Baas
Magra – Poonjala
Jodhpur
Rajasthan
2. The Public Information Officer
North Western Railway
Divisional Railway Manager’s Office
Jodhpur Division
Jodhpur
3. The Appellate Authority
North Western Railway
Divisional Railway Manager’s Office
Jodhpur Division
Jodhpur
4. Officer Incharge, NIC