Central Information Commission
Mr.B S Rajesh vs Ministry Of Railways on 5 November, 2012
In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2012/002288
Date of Hearing : November 05, 2012
Date of Decision : November 05, 2012
Parties:
Appellant
Shri Ramesh Raj Gupta
H.No. 844, Sector 37
Faridabad
Haryana 121003
The Appellant was present.
Respondents
Northern Railway
Baroda House
New Delhi
Represented by: Shri T.D. Diwivedi, Dy. CAO/G, Ms. N. Vijayalakshmi, APO/R and Shri B.P. Singh, CWLI
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/002288
ORDER
Background
1. The Applicant filed his RTIapplication (dated 08.11.2011) with the PIO, Northern Railway, Baroda House, New Delhi seeking certain information (like, answer sheet; result sheet; interview details with marks obtained by each candidate selection proceeding etc.) about a selection process carried out by the public authority in the year 1971 for the post of Assistant Programmers in which the Applicant was one of the candidates. The PIO replied to this application on 05.12.2011 providing pointwise information/reply to the Applicant. The Applicant was also informed that documents (like answer sheet, result sheet etc.) related to selection process are not available in the office. Thereafter, the Applicant filed another application with the PIO on 26.12.2011 which was apparently not replied to. The Applicant then filed his first appeal with the Appellate Authority on 24.02.2012. Thereafter the Applicant was given a reply dated 27.03.2012 by Dy. CAO/G interalia informing that matter pertains to Personnel Branch as in 1971 the administrative control of EDP Center was under Personnel Branch. The Appellant, thereafter, filed the present petition before the Commission 06.06.2012 calling the PIO's reply evasive.
Decision
2. During the hearing, the Respondents, representing the Personnel Department, produced a reply dated 11.07.2012 before the Commission in which it had been stated that records related to said selection exercise of 1971 are not traceable in Personnel department despite extensive search. The representatives of both the departments viz., Accounts and Personnel, when asked, told the Commission that they do not have any records related to the said selection exercise. They also produced a copy of schedule of retention of records, according to which such a category of records are not retained for such a long period and are destroyed. The Appellant, on his part, argued that the case related to the information sought by him is still pending with the CAT and that therefore the Respondents should be having the requisite records.
3. In view of the above categorical statement of the Respondents that information sought by the Appellant is not available with them, no disclosure can be authorized. However, the PIOs of both the departments viz., Accounts and Personnel are directed to file a sworn affidavit each before the Commission affirming the fact that information sought by the Appellant is not available in their departments. They should also mention in their affidavits the period of retention of such records as per the schedule of retention of records of the Railways. These affidavits are to be submitted to the Commission with copies to the Appellant within 2 weeks of receipt of this order.
4. Appeal is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Ramesh Raj Gupta H.No. 844, Sector 37 Faridabad Haryana 121003
2. Public Information Officer (RTI) & Dy. CAO/G Northern Railway Baroda House Accounts Department New Delhi
3. Officer incharge, NIC