Central Information Commission
Mr.S Sethuraman vs Ministry Of Railways on 18 March, 2010
Central Information Commission
CIC/AD/A/2009/001565
Dated March 18, 2010
Name of the Applicant : Shri S.Sethuraman
Name of the Public Authority : DRM Office
Southern Railway
Tiruchirapalli
Background
1. The applicant filed a RTI application dt.20.12.08 with the PIO, Southern Railway, Tiruchirapalli requesting for a copy of his service record from his date of appointment i.e. 3.10.1950 till his date of retirement i.e. 31.5.1987. Shri A.P.Muthuramalingam, PIO replied on 7.2.09 enclosing the reply dt3.2.09 furnished by Shri R.Mohan, APO/M who stated that the Service Record of the retired employee is not readily available even after a thorough search was made being a case which is more than 20 years old. As and when the same is traced out the required information will be furnished. Not satisfied with the reply, applicant filed an appeal dt.23.2.09 with the Appellate Authority stating that had the Personnel Inspector as assured to him in person during the middle of February 2007 that he would take interest to find out his service record. He requested the Appellate Authority to take appropriate action to trace the record and provide a copy to him. Shri S.Ramasubbu, Appellate Authority replied on 15.4.09 once again enclosing the information dt.13.4.09 furnished by Shri S.Mohan, APO who stated that the copies of records sought are pertaining to the period 1987 which is beyond the period of preservation of records as communicated vide Railway Board's letter dt.13.9.1999 and are not available.
Being aggrieved with the reply, applicant filed a second appeal dt.22.6.09 before CIC reiterating his request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on March 18, 2010 through video conferencing.
3. Shri Loganarayanan, PIO representing the Public Authority was present in NIC Studio, Tiruchy while the applicant was present at NIC Studio, Chennai. Decision
4. The applicant submitted that at the time of his joining in service there was no quota system and when the quota system was introduced over the years, he wants to know whether he was left out of the benefits as he got promotion at the fag end of his career. Shri Loganarayan submitted that reservation system is a statutory decision taken by the Parliament and that everyone is expected to benefit from it and it is binding on all Govt. Departments. However, no information can be provided since the records which are more than 20 years are not traceable.
5. The Commission after hearing the submissions made directs the PIO to provide an affidavit to the Commission with a copy to the Appellant stating that information being more than 20 years old is not traceable even after an intensive search and that there is no possibility of recreating the service record since there no information pertaining to the Appellant is available. The affidavit should reach the Commission by 20.4.10 and the Appellant to submit a compliance report to the Commission by 25.4.10.
6. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri S.Sethuraman Plot No.30, Gandhi Main Road Sri Sankara Nagar Pammal Chennai 600 075
2. The PIO Southern Railway Divisional Railway Manager's Office Commercial Branch Tiruchirapalli
3. The Appellate Authority Southern Railway Divisional Railway Manager's Office Commercial Branch Tiruchirapalli
4. Officer incharge, NIC
5. Press E Group, CIC