Central Information Commission
Shri Janardan Dubey vs Joint Secretary (T) & Cao, Ministry Of ... on 14 November, 2008
Central Information Commission
Appeal No. CIC/WB/A/2008/00772-SM dated 16.04.2008
Right to Information Act-2005 - Under Section (19)
Dated 14.11.2008
Appellant - Shri Janardan Dubey
Respondent - Joint Secretary (T) & CAO, Ministry of Defence
The Appellant Shri Janardan Dubey, was not personally present.
On behalf of the Respondents, the following were present:-
1. K. M. P. Singh, DY, CAO (MPR), MOD
2. Ajay Sharma, AO/R-J, MOD The brief facts of the case are as under:-
2. Shri Dubey had approached the CPIO in the office of the JS (T) and CAO, MOD on 09.01.2008 seeking information on three counts regarding his appointment on the basis of the UPSC Clerk Grade Examination 1967. The CPIO, in his reply dated 13.02.2008, informed the Appellant that some of the information sought was not available with it, it being more than 40 years old. In one of the queries, the Appellant had asked for the list of persons with their date of joining on the basis of the Master Roll. In reply, the CPIO intimated that recreating the data would divert the resources of that office and, hence, as provided under Section 7 (9) of the RTI Act, it would not be possible to provide this information.
3. The Appellant had filed an appeal against this before the Appellate Authority in the office of the JS (T) and CAO. Though, the Appellant has not annexed a copy of the order of the Appellate Authority along with his appeal, the Respondents showed us a copy of the order passed by the Appellate Authority in which that Authority had directed the CPIO to provide certain information, earlier denied by him. This information was in respect of the list of persons based on the Master Roll. It appears that the Appellant had approached this Commission earlier in appeal against the decision of some other Public Authority and that this Commission had directed the Appellate Authority/CPIO concerned to provide similar information. That information similar to the one sought in this case has now been provided to the Appellant as the direction of this Commission.
The Respondents showed me a copy of the information provided in pursuance of the CIC directives.
4. Since the information sought has been provided as held by the Public Authority, there is no more to disclose. The submission of the Public Authority that some of the information, being more than 40 years old, is no longer available with it, seems credible and, therefore, we do not think it necessary to direct them to trace that information afresh. The appeal is, therefore, rejected.
5. Copies of this order be given free of cost to the parties.
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(Satyananda Mishra) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
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(Vijay Bhalla) Assistant Registrar