In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001792
Date of Hearing : January 17, 2011
Date of Decision : January 17, 2011
Parties:
Appellant
Shri P. Rajamony,
26 Asarimar South Street,
Near Arasamoodu Junction,
Nagercoil - 629 001
The Appellant was absent.
Respondents
Directorate of Field Publicity,
East BockIV, LevelIII,
Ramakrishna Puram,
New Delhi
Represented by: Smt. Ranjana Dev Sarmah, Director, Shri Shyam Prasad, Director and Dr. Nadhli
Dalela, Dy. Director.
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/2010/001792
ORDER
Background
1. The Applicant filed his RTIapplication dated 07.06.2010 with the CPIO stating that he had retired
from service in 2003 and seeking information regarding his transfer application made on medical
grounds in the year 2001 and some other general information in this regard. This application
comprised 6 items (a to f) of queries.
2. The CPIO, through his communication dated 06.07.2010, returned the applicationfee, which was in
the form of IPO, to the Applicant on 6.7.10 asking him to resubmit it in the proper manner. The
Applicant, accordingly, remitted the applicationfee on 16.07.2010. The Applicant, on not receiving
any response from the CPIO, filed his 1stappeal with the AA, Directorate of Field Publicity, New
Delhi on 09.08.2010. CPIO, New Delhi transferred the Applicant’s application to the Director,
Directorate of Field Publicity, Hyderabad with a copy to the Applicant in which he referred to his 1 st
appeal dated 09.08.2010. The CPIO, Hyderabad office however, through a letter dated 09.09.2010,
returned the application to the CPIO, Delhi stating that the papers relating to the information were
sent to Delhi office of the Public Authority and hence information should be available in Delhi Office.
Being aggrieved with the reply the Applicant, thereafter, filed his 2ndappeal with the Commission
stating that he did not receive the requested information and that his application was being tossed
from one office to another. He, therefore, requested that a direction be issued to the CPIO to provide
to him the necessary information and documents.
Decision
3. During the hearing, the Respondents pointed out that they had tried to search the 10 year old
records relating to the information sought both at the HQ in Delhi and the Hyderabad office , but could
not succeed. They added that a number of records besides those of the Appellant had been
misplaced due to the state of affairs in the office and that all efforts are being made to locate the
missing files. The Respondents therefore, expressed their inability to furnish the required information
to the Appellant in the absence of the relevant records.
4. On being queried by the Commission about the transfer of application to the CPIO, Hyderabad if the
records were expected to be available in Delhi, the Respondents explained that they had transferred
the application to the Regional office, Hyderabad because in normal course of business the records
relating to interRegional transfer cases–such as that of the Appellant –are kept in the concerned
Regional office where the official is posted. They also referred to a letter dated 1.8.01 from the OSD,
GOI, MoI&B, IP and MC Section which stated that it has been decided with IBM’s approval to accede
to their request and that DFP is therefore being requested to transfer the Applicant to Chennai at the
earliest, as one of the reasons for transferring the RTI application back to Delhi HQ as it is the HQ
which takes decisions on transfers.
5. Upon hearing the submissions and after perusing the records, the Commission directs the
Respondents that they should make another effort to trace the 10 year old records corresponding to
the Appellant’s RTIapplication. If they still fail to locate the same, they should categorically inform
the Appellant the places they had searched for the same and also to provide the possible reasons for
loss of records. This information to be provided by 25 February, 2011.
6. Appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri P. Rajamony,
26 Asarimar South Street,
Near Arasamoodu Junction,
Nagercoil – 629 001
2. The Appellate Authority
Directorate of Field Publicity,
East BockIV, LevelIII,
Ramakrishna Puram,
New Delhi
3. Public Information Officer,
Directorate of Field Publicity,
East BockIV, LevelIII,
Ramakrishna Puram,
New Delhi
4. Officer Incharge, NIC