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Surendra Dattaram Kadam vs National Textiles Corporation Ltd. on 14 September, 2018

                                       के   ीय सूचना आयोग
                           Central Information Commission
                                 बाबा गंगनाथ माग
, मुिनरका

                            Baba Gangnath Marg, Munirka
                               नई    द
ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No.   CIC/NTCLD/A/2017/148093
Surendra Dattaram Kadam


                                                                      ....अपीलकता
/Appellant
                                          VERSUS
                                               बनाम
CPIO, National Textile Corporation
Limited, NTC House, 15 N M
Marg, Ballard Estate, Mumbai - 400001.                             ... ितवादीगण /Respondent
                                                      Dates
RTI application                            :          04.01.2017
CPIO reply                                 :          25.01.2017
First Appeal                               :          20.02.2017
FAA Order                                  :          12.04.2017
Second Appeal                              :          09.07.2017
Date of hearing                            :          11.09.2018
Facts:

The appellant vide RTI application dated 04.01.2017 sought information on five points as under;

1. Copy of slip/paper relating to the status of the provident fund of his father.

2. Other related information.

The CPIO replied on 25.01.2017. The appellant was not satisfied with the CPIO's reply and filed first appeal on 20.02.2017. The First Appellate Authority (FAA) vide order dated 12.04.2017 disposed of the first appeal. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant filed second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 09.07.2017.

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

Order

      Appellant :         Present
      Respondent :        Shri V.K. Mishra,
                          Deputy Manager cum PIO,
                          National Textile Corporation Limited

During the hearing, the respondent PIO submitted that they had provided the requisite reply vide their letter dated 25.01.2017 and the First Appellate Authority (FAA)'s order dated 12.04.2017. The replies furnished to the appellant are just and proper and hence the case might be dismissed.

The appellant submitted that he was not satisfied with the reply received from the respondent.

During the hearing, the respondent PIO submitted that all records are destroyed, hence, not available.

On perusal of the relevant case record, it was noted by the Commission that proper reply was not provided to the appellant on point nos. 1 and 2 of the said RTI application. A revised reply should be provided on these points. The respondent PIO should have known that if it does not pertain to them they should either transfer the same u/s 6(3) of the RTI Act or should provide the reply after taking assistance u/s 5(4) of the RTI Act from the concerned CPIO/PIO which was not done in the present case.

The rest of the replies furnished to the appellant were considered just and proper by the Commission.

Be that as it may, since no desired information was provided to the appellant in the present case, the respondent CPIO is directed to provide revised point wise reply as discussed during the hearing complete in all respects to the appellant as available on record in the form of certified true copies of the documents sought e.g. Page 2 of 3 note sheets, letters, correspondences, e-mails etc.(legible copies), free of charge u/s 7(6) of the RTI Act within 30 days of the receipt of the order. For this purpose, the concerned CPIO/PIO, can take assistance of any other office/department u/s 5(4) of the RTI Act.

The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.

OR In case the relevant records are not available even after thorough search, the present respondent CPIO, is directed to submit an affidavit indicating the date of destruction / weeding out of the said records along with a copy of the order of the competent authority authorising such destruction / weeding out 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 observation/direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.

Amitava Bhattacharyya (अ मताभ भ टाचाय) Information Commissioner ( सूचना आयु त ) Authenticated true copy (अ भ मा णत स या पत त) Ajay Kumar Talapatra (अजय कु मार तलपा ) Dy. Registrar (उप-पंजीयक) 011- 26182594 / [email protected] दनांक / Date Page 3 of 3