Central Information Commission
Suresh Chandra vs Northern Railway, Drm Office, Lucknow on 15 February, 2010
Central Information Commission
CIC/OP/A/2009/000264-AD
Dated February 15, 2010
Name of the Applicant : Suresh Chandra
Name of the Public Authority : Northern Railway, DRM Office, Lucknow
Adjunct to CIC Decision dt.15.12.2009
Background
1. The relevant excerpt from the captioned order is as follows:
The Commission accordingly directs the PIO to provide an affidavit on a non-judicial stamp paper stating that information sought is not available on records along with the reasons for its non-availability to the Appellant by 15.1.2010. The Commission directs the PIO, DRM Office, Lucknow to show cause as to why a penalty of Rs.250/- per day (Maximum Rs.25000) should not be levied on him for not responding to the RTI application as prescribed under the RTI Act. He is directed to submit his response in person on 15.2.2010 at 10.30 am
2. The Commission received a letter dt.20.1.2010 from Shri Prakash, PIO stating that he had taken over charge as PIO on 8.10.09 from Shri Govind Prasad. The RTI application was received on 3.12.08 during the time Shri Govind Prasad was the PIO and who is now PIO in Moradabad. He further added that the RTI application was handed over to Sr.DPO on 5.12.08. The Sr.DPO had provided appropriate information on 3.1.09. He added that Sr.DPO could not provide information within 30 days as the information had to be collected from records which are more than 25 years old. The Commission also received a rejoinder dt.Nil from Sr.DPO who stated that upon perusal of the information as sought for by the Appellant, it was revealed that the information sought pertains to the year 1988-89. However, the same was not only considered but an appropriate reply was issued to the Appellant on 3.1.09 within the stipulated time period. Apart from this, information was also provided vide letter dt.30.1.09 in response to the first appeal dt.5.1.09. The Sr.DPO also added that the Railway Board has issued specific instructions on the subject of preservation of records pertaining to recruitment matters and has given upto 10 years only and not beyond that and since the period/time limit of preserving the said records has expired, as such no information can be given.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for February 15, 2010.
3. Shri Prakash, PIO, Shri Vijay Kumar, DPO and Shri Arvind Kumar, CLA represented the Public Authority.
Decision
4. The Commission after reviewing the explanation provided by Sr.DPO cum PIO observed that an appropriate reply has been furnished to the Appellant on 3.1.09, (The reply of 3.1.09 has not been shared with the Commission by the Sr.DPO). The Commission also noted that the time limit for preservation of records is only 10 years and hence no information more than 10 years old could be provided and that the CIC decision of 15.12.09 has been complied with partially as the affidavit was not provided on non-judicial stamp paper. Based on submissions on record and after hearing the Respondents, the Commission, in the light of the fact that information was provided on 3.1.09. has decided to drop the penalty proceedings against the Sr. DPO. The PIO to provide a verified/notarized affidavit to the Commission with a notarized copy of the same affidavit to the Appellant as per CIC's Order, by 15 March,. 2010.
5. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri Suresh Chandra S/o Shri B.K.Prasad R/o 119/82 Kandhari Bazar Darbari Lal Ka Hata Lucknow
2. The PIO Northern Railway Divisional Railway Manager's Office Lucknow Division Lucknow
3. The Appellate Authority Northern Railway Divisional Railway Manager's Office Lucknow Division Lucknow
4. Officer incharge, NIC
5. Press E Group, CIC