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Central Information Commission

Shri Rajinder K. Singla vs Dgde on 10 March, 2010

             CENTRAL INFORMATION COMMISSION
            Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066



                               File No. CIC/LS/A/2009/000970
                             (Shri Rajinder K. Singla -Vs- DGDE)


                                                                                  Dated : 10.03.2010

This is in continuation of this Commission's proceedings dated 27.1.2010. As scheduled, the matter is called for hearing today dated 10.3.2010. Appellant present. The Public Authority is represented by Shri A.K. Singh, Director(Lands & Cantonments), MoD, and Shri M.L. Range, Dy. DG, Dte Genl. Of Defence Estates. It is the say of Shri Range that they have made efforts to trace out the requested documents but to no avail. It is explained to him that denial of information on the ground that the requested information is more than 20 years old, is misconceived and contrary to law. In fact, if information is more than 20 years old, it is to be disclosed subject to the provisions of clauses (a), (c) & (i) of Section 8(1) of the RTI Act. We, however, are of the clear opinion that these clauses do not appear to be attracted in the matter in hand. In other words, the information requested for by the appellant is disclosable.

DECISION

2. In view of the above, Shri M.L. Range, Dy. DG, Dte. Genl. Of Defence Estates, New Delhi, is hereby directed to have fresh efforts made to trace out the requested documents and if traced out, to supply copies thereof to the appellant. However, if the documents are not traced out, Shri Range will file an affidavit before this Commission in 06 weeks time with a copy thereof to the appellant.

Sd/-

( M.L. Sharma ) Central 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.

(K.L. Das) Assistant Registrar Address of parties :

1. The Director(Coord.)-cum-Nodal Officer(RTI), Min. of Defence, 94 South Block, New Delhi-110011.
2. Shri M.L. Range, Deputy Director General, Dte. Genl. of Defence Estates, New Delhi.
3. Dr. Rajinder K. Singla, c/o Mr. Jatinder Moudgil, E-1/12, Punjab University, Chandigarh-160014.