Central Information Commission
Prakash Minj vs Military Engineer Services on 17 February, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: CIC/MESER/A/2020/121217
In the matter of:
Prakash Minj
... Appellant
VS
Central Public Information Officer
Headquarters, Chief Engineer A& N Zone,
Military Engineering Services, Birchgunj,
Junglighat - Po - Port Blair - 744103
...Respondent
RTI application filed on : 29/11/2019 CPIO replied on : 04/02/2020 First appeal filed on : 06/03/2020
First Appellate Authority order : 25/05/2020 Second Appeal dated : 18/07/2020 Date of Hearing : 17/02/2022 Date of Decision : 17/02/2022 The following were present: Appellant: Not present
Respondent: Devesh Pandey, Director (Pers) and CPIO, Present over VC Information Sought:
The appellant has sought the following information:
- Provide a copy of the merit list of Mazdoor recruitment which took place in 2008 in the Establishment of Military Engineering Services, Birchgunj.
Grounds for Second Appeal The CPIO did not provide the desired information. Submissions made by Appellant and Respondent during Hearing: The appellant was not present at the VC Venue despite due service of notice on 08.02.2022 vide speed post acknowledgment no.ED008694144IN.1
The CPIO submitted that a suitable reply was given vide letter dated 04.02.2020. Moreover, the delay occurred due to the time consumed in searching of information.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 04.02.2020 replied that the documents related to Mazdoor recruitment in MES which was held during 2008 are believed to be kept in an Almirah under lock & key in Archives room of this HQ. Almirah lock is opened by breaking the lock through a Board of Officer (BOO) as the key of the lock is lost / not available.
To their dismay, it was found by the (BOO) that the documents pertaining to recruitment of Mazdoor under this Zone destroyed {eaten up by termites and converted into powder form as per Board proceedings submitted by the Presiding officer vide E2 (Plg) section ION No.200025/Misc/wed/E2 (plg) dated 27 Jan 2020 (copy enclosed) and hence the same cannot be provided. ln this connection, a copy of noting sheet dated 30 Oct 2008 bearing letter No. 120009/LRS/ 2008/EIB was enclosed. The FAA vide order dated 20.05.2020 provided a point-wise reply.
The Commission observed that the information sought being not available and destroyed by termites, no relief can be given. However, the CPIO was asked whether any soft copy is available, to which he replied in the negative. Decision:
In view of the above observations, the Commission finds no scope for providing any relief to the appellant.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ$भ&मा'णत स)या*पत& त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date 2