Central Information Commission
Sumit Mitra vs East Coast Railway (Bhubaneswar) on 1 September, 2020
CIC/ECRBH/A/2018/150337,
CIC/ECRBH/A/2018/171732
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीयअपीलसं या / Second Appeal No. CIC/ECRBH/A/2018/150337,
CIC/ECRBH/A/2018/171732
In the matter of:
Sumit Mitra ... अपीलकता/Appellant
VERSUS
बनाम
CPIO ... ितवादीगण /Respondent
Cum Divisional Personnel
Officer, East Coast Railway,
Khurda Road Division,
Orrisa
Date of Hearing: 28.08.2020
The following were present:
Appellant: Heard over the phone
Respondent: Shri Ranjan Mohanty, Sr. DPO, East Coast Railway, Divisional
Office, Odisha, heard over the phone
Page 1 of 7
CIC/ECRBH/A/2018/150337,
CIC/ECRBH/A/2018/171732
ORDER
RTI 1: File No. CIC/ECRBH/A/2018/150337 Relevant dates emerging from the appeal:
RTI : 01.05.2018 FA : 24.06.2018 SA : 13.08.2018 CPIO : 28.05.2018 FAO : 19.07.2018 Hearing : 28.08.2020 Information Sought:
The appellant filed an online RTI application on 01.05.2018, seeking information on six points, including;
1. To provide true certified copy of the Muster Roll (Attendance sheet) for the Goods Guard (NPS) of Paradeep Base for the month of May 2010.
2. To provide true certified copy of the Muster Roll (Attendance sheet) for the Goods Guard (NPS) of Paradeep Base for the month of June 2010.
3. To provide true certified copy of the Muster Roll (Attendance sheet) for the Goods Guard (NPS) of Paradeep Base for the month of July 2010.
4. To provide true certified copy of the Muster Roll (Attendance Sheet) for the Goods Guard (NPS) of Paradeep Base for the month of August 2010.
5. To provide true certified copy of the Medical certificate (both unfit and fit) submitted by appellant for the period 28.06.2010 to 16.07.2010 (19 Days).
6. To provide true certified copy of the Fitness certificate issued by Paradeep Railway Medical for the period 28.06.2010 to 16.07.2010 (Nineteen Days).
The CPIO, vide letter dated 28.05.2018, annexed letter no. P/BIILS/OPTG/632/RTI/SM/2018 dated 28.05.2018 wherein the appellant was Page 2 of 7 CIC/ECRBH/A/2018/150337, CIC/ECRBH/A/2018/171732 informed against point nos. 1- 4 that Muster Roll is not available at distant month. With regards to point nos. 5 and 6, CPIO annexed letter no. E/RIA/SM/18/895 dated 15.05.2018 wherein it was stated that records are not available in PRDP Health unit of KUR Division. Being dissatisfied, the appellant filed first appeal dated 24.06.2018. FAA, vide order dated 19.07.2018, upheld the reply.
RTI 2: File No. CIC/ECRBH/A/2018/171732 Relevant dates emerging from the appeal:
RTI : 18.08.2018 FA : 05.09.2018 SA : 07.12.2018 CPIO : 03.09.2018 FAO : 10.09.2018 Hearing : 28.08.2020 Information Sought:
The appellant filed an online RTI application on 18.08.2018, seeking information on seven points, including;
1. To provide true certified copy of the Muster Roll (Attendance sheet) for the Goods Guard (NPS) of Paradeep Base for the month of November 2010.
2. To provide true certified copy of the Muster Roll (Attendance sheet) for the Goods Guard (NPS) of Paradeep Base for the month of December 2010.
3. To provide true certified copy of the Muster Roll (Attendance sheet) for the Goods Guard (NPS) of Paradeep Base for the month of January 2011.
4. To provide true certified copy of the Muster Roll (Attendance Sheet) for the Goods Guard (NPS) of Paradeep Base for the month of February 2011.
5. To provide true certified copy of the Muster Roll (Attendance Sheet) for the Goods Guard (NPS) of Paradeep Base for the month of March 2011.Page 3 of 7
CIC/ECRBH/A/2018/150337, CIC/ECRBH/A/2018/171732
6. To provide true certified copy of the Muster Roll (Attendance Sheet) for the Goods Guard (NPS) of Paradeep Base for the month of April 2011.
7. To provide true certified copy of the Medical Certificate (RMC) (both unfit and fit) submitted by appellant for the period 20.12.2010 to 10.01.2011 (22 Days).
The CPIO, vide online reply dated 03.09.2018, informed the appellant that the information sought for had been sent through registered post vide letter no. CPIO/KUR/RTI/2018/08/522(HQ-50431/18)/SM dated 28.08.2018. The appellant was informed (Vide said letter) against point nos.1 to 6 that the information sought for was not available at this distant date. With regards to point no. 7, it was stated that the information sought for was not available in their office. Being dissatisfied, the appellant filed first appeal dated 05.09.2018. FAA, vide order dated 10.09.2018, upheld the CPIO's reply.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of unsatisfactory and incomplete information furnished by the respondent. He requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing:
The appellant acknowledged the receipt of muster rolls vide the respondent's email dated 26.08.2020 and submitted that the Medical Certificates, as sought vide point no. 5 and 6 of RTI 1 and point no. 7 of RTI 2, have not been furnished to him by the respondent. He further submitted that the respondent, in his replies, have pleaded that since the information sought is old, the same might have been weeded Page 4 of 7 CIC/ECRBH/A/2018/150337, CIC/ECRBH/A/2018/171732 out. However, the orders for destruction of records have not been provided to him by the respondent.
The respondent submitted that due efforts were made to trace the medicals certificates, as sought by the appellant, however since the information sought pertains to the year 2010, no records could be traced. He further submitted that it is plausible that the said records might have been weeded out, however the orders pertaining to the specific destruction of medical certificates of the appellant are not available on record.
The written submissions dated 26.08.2020, filed by the respondent, were taken on record.
Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, directs the respondent to make due efforts once again to thoroughly search the respondent's database to trace the records pertaining to the appellant's medical certificates and furnish the information sought for. In case, the respondent is unable to trace the relevant records he shall file an affidavit with the Commission deposing that no records relating to information sought for vide point nos. 5 and 6 of RTI 1 and point no. 7 of RTI 2, are available with respondent. A copy of the affidavit shall also be provided to the appellant. However, in case the respondent finds that the records pertaining to the aforesaid points have been weeded out, the respondent shall furnish a copy of the Record Retention Schedule as well as the order of the Competent Authority for the destruction of records pertaining to the said period, to the appellant.Page 5 of 7
CIC/ECRBH/A/2018/150337, CIC/ECRBH/A/2018/171732 The above directions of the Commission shall be complied with, within a period of 15 days from the date of receipt of a copy of this order under intimation to the Commission.
With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 28.08.2020 Authenticated true copy (अिभ मािणतस यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) Cum Addl. Divisional Railway Manager, East Coast Railway, Khurda Road Division, At/PO: Jatni, District Khurda, Orrisa, PIN-752050 Page 6 of 7 CIC/ECRBH/A/2018/150337, CIC/ECRBH/A/2018/171732
2. The Central Public Information Officer (CPIO) Cum Divisional Personnel Officer, East Coast Railway, Khurda Road Division, At/PO: Jatni, District Khurda, Orrisa PIN-752050
3. Shri Sumit Mitra Page 7 of 7