Central Information Commission
Mr.Brij Mohanmeena vs Ministry Of Railways on 12 May, 2010
Central Information Commission
CIC/AD/A/2010/000450
Dated May 12, 2010
Name of the Appellant : Brij Mohan Meena
Name of the Public Authority : Northern Railway, New Delhi
Background
1. The RTI Application was filed on 5.11.2009 with the PIO, North Western Railway Headquarter Jaipur seeking the following information:
i) Pay drawn statement for the period w.e.f. 03/1993 to 09/2002 of the Applicant which is duly vetted by Accounts.
ii) Photo copy of PP/NP of promotion cases for the post of OSI ('P" Branch) for the period w.e.f. 01/1993 to 12/1996.
iii) Photo copy of 40 Point Roster Register for the post of OSI since opening to 1996 duly attested by Gazetted Officer.
The PIO replied on 11.1.2010 informing the Applicant that the records from which information is being sought are very old and pertain to the years 1993 to1996 and are untraceable and hence information cannot be provided. Not satisfied with the reply, the Applicant filed his first Appeal on 18.12.2009 seeking information once again. The First Appellate Authority replied on 9.2.2010 stating that the pay drawn statement for the period January, 2000 to Sept., 2002 has been provided by the PIO on 1.1.2010. With regard to points 2 & 3 he directed the PIO to explain why the information is not available. In compliance with the Appellate Authority's order the PIO replied on 2.3.2010 providing the reasons once again. The PIO provided some information again on 16.3.2010 enclosing the reply provided by the Deemed PIO, once again stating that the records are not traceable and that the approval of the competent authority to destroy the old record is also not traceable. He also added the 40 Point Roster Register has been replaced by post based Roster and hence the 40Point Roster Register is not relevant in this case. He also provided further clarification in respect of the Cadre of OSI. Still not satisfied the Applicant filed his Second Appeal before the Commission on 8.2.2010.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for May 12, 2010.
3. Shri Jagjit Singh, DY.CMM/HQ, Sh. Yudhishthira Surya, Sr.PO/SSB and Shri Navin Kumar Parsuram DGM(Law) represented the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. The Commission after hearing both sides directs the PIO as follows: With regard to Point 1 related to the pay drawn statement the RTI application may be transferred to Jaipur Office and the PIO, Jaipur Office to provide an attested copy of the Service record to the Appellant pertaining to information before year 2000. With regard to Points 2 & 3, the Respondent to provide an affidavit to the Commission with a copy to the Appellant affirming the fact that information is not available since it is more than 15 years old and therefore is untraceable and also admitting that no order for weeding out of the documents is available in the records. The information to be provided by 10.6.2010 to the Appellant. (The PIO, Northern Railway to forward a copy of this Order to PIO, Jaipur).
6. The PIO, NR to showcause as to why a penalty of Rs. 250/= per day should not be imposed on him for not furnishing the information within the mandatory period. The response to reach the Commission by 10 June, 2010.
7. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Deputy Registrar Cc:
1. Mr. Brij Mohan Meena Plot No. 337A, Prem Nagar, Near Malviya Nagar, Jagatpura, Jaipur (Rajasthan).
2. The Public Information Officer Northern Railway HQ, Baroda House, New Delhi.
3. Appellate Authority Northern Railway, HQ Baroda House, New Delhi.
4. Officer incharge, NIC
5. Press E Group, CIC