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Central Information Commission

Phoolchander Saroj vs Northern Railway on 20 February, 2018

                                क यसूचनाआयोग
                     CENTRAL INFORMATION COMMISSION
                                 बाबागंगानाथमाग
                             Baba Gangnath Marg,
                           मु नरका, नई द ल -110067
                          Munirka, New Delhi-110067
                          Tel: 011 - 26182593/26182594
                         Email: [email protected]

File No :CIC/NRAIL/A/2017/309873

In the matter of:
Phoolchander Saroj



                                                                  ...Appellant
              VS
PIO and DRM's Office,
Northern Railway, Ashok Marg, Prem
Nagar, Hazratganj, Lucknow, U.P -226001

                                                                  ...Respondent

                                                  Dates
RTI application                           :       28.06.2016
CPIO reply                                :       Not on Record
First Appeal                              :       08.08.2016
FAA Order                                 :       Not on Record
Second Appeal                             :       21.09.2016
Date of hearing                           :       31.01.2018
Facts:

The appellant vide RTI application dated 28.06.2016 sought copy of documents submitted by one Shri Ramjas Saroj as his age proof/ date of birth. The CPIO's reply or the First Appellate Authority (FAA)'s order is not on record. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant filed a second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 21.09.2016.

Grounds for Second Appeal The CPIO did not provide the desired information.

Order
     Appellant :         Absent
     Respondent :        Shri S.K. Tyagi,
                         Divisional Personnel Officer
                         cum APIO,
                         Northern Railway

During the hearing, the respondent APIO submitted that because of termite problem, the file was destroyed. He accordingly needs to file an affidavit in this regard to the Commission with a copy duly endorsed to the appellant. He further submitted that they had provided the requisite reply vide their letter dated 29.01.2018 which is just and proper and hence the case might be dismissed. Since the same was not available in the case record, the respondent PIO was asked to read the same over the VC facility. He was intimated to send a copy of the same to the Commission through the e-mail for record.

The appellant was not present to plead his case.

On perusal of the case record, it was seen that the sought for information is exempted u/s 8(1)(j) of the RTI Act, being information pertaining to a third party and hence the reply dated 29.01.2018 claiming exemption u/s 8(1)(j) of the RTI Act was just and proper. The interference of the Commission is not accordingly needed in the present case.

The respondent PIO is directed to resend the reply dated 29.01.2018 to the appellant by speed post keeping the postal tracking number as record within a period of 10 days from the receipt of this order. The despatch details are to be submitted to the Commission within 07 more days thereafter.

The present respondent CPIO is directed to submit an affidavit indicating the date of destruction of the said records within one month of the receipt of this order with a copy duly endorsed to the appellant within the same time period.

With the above direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.

[Amitava Bhattacharyya] Information Commissioner Authenticated true copy (A.K. Talapatra) Deputy Registrar 3