Central Information Commission
Mrm P Vasudevan vs Staff Selection Commission on 19 February, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi110067
Decision No. CIC/RM/A/2014/004493/SB
Dated 19.02.2016
Appellant : Shri M.P. Vasudevan,
A301, Silver Gardens, J.B.Nagar
Mumbai 400059.
Respondent : Central Public Information Officer,
Staff Selection Commission
Block No. 12, CGO Complex
Lodhi Road, New Delhi.
Date of Hearing : 19.02.2016
Relevant dates emerging from the complaint:
RTI application filed on : 26.10.2010
CPIO Replied on : 19.11.2010/05.03.2014
First Appeal filed on : 10.12.2010/16.12.2013/24.03.2014
FAA's Order : 05.02.2014/02.05.2014
Second Appeal filed on : 25.06.2014
ORDER
1. Shri M.P. Vasudevan filed an application dated 26.10.2010 under the Right to Information Act, 2005 (RTI Act) before the Staff Selection Commission (SSC) seeking information regarding the details of successful candidates recommended for appointment to the post of Preventive Officer (Grade I) on the basis of the Inspector of Central Excise Income Tax Examination 1979 in a particular format including Customs Commissionerates allotted by the SSC.
2. The CPIO vide letter dated 19.11.2010 and 05.03.2014 informed the appellant that the information relates to very old records and beyond retention schedule of the Commission. However, efforts are made to trace the document, if the same is found, information will be provided in due course. Not satisfied with the information given by the CPIO, the appellant filed first appeal dated 10.12.2010 and reminder on 16.12.2013 with the FAA. The FAA vide order dated 05.02.2014 directed the DD(CII) & CPIO to send the desired information to the appellant if available. The appellant filed the present appeal on 25.06.2014 on the ground that the information sought by him has not been provided by the CPIO. Hearing:
3. The appellant Shri M.P. Vasudevan attended the hearing through audio conferencing. The respondent Shri Kashi Nath, DD, SSC was present in person.
4. The appellant submitted that the information sought by him has been wrongly denied on the ground that the information is more than thirty years old. The appellant further submitted that it is illegal to hide the information on the pretext of being beyond the retention schedule of the Commission. The appellant also submitted that if the contention of the CPIO is correct, he should have disclosed the date of destruction of the said document instead of hiding behind an unsigned document purportedly showing a new schedule of retention.
5. The respondent submitted that though the information sought by the appellant relates to records more than 30 years old efforts were made to trace the document. However, the records could not be traced. The respondent further submitted that meanwhile the revised Retention Schedule for maintenance, preservation and weeding of applications, dossiers and other related records in respect of Examinations conducted by SSC has been brought in with effect from 19.06.2012. The respondent also submitted that the revised retention schedule states in point no. 18(i) that all the allocation lists/final results would be maintained upto 10 years from the declaration of the result and in the present case the appellant is seeking information about an examination conducted in 1979, hence, the same cannot be provided. The respondent stated that the information pertaining to the revised retention schedule has also been intimated to the Commission vide letter dated 29.06.2015.
Decision:
6. The Commission after hearing both the parties and upon perusal of records observes that as per the revised record retention schedule of the SSC, list of allocations made and final result is maintained only upto ten years from the date of declaration of the final result. In view of this, the information sought by the appellant cannot be provided.
7. With the above observation, the appeal is disposed of.
8. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer