Document Fragment View

Matching Fragments

The appellant submitted that he was a teacher in Kendriya Vidyalaya, Dantewada in the session 2016-17 working on contract basis. He submitted that the CPIO's reply stating that the information sought is destroyed due to termites attack is incorrect and they are hiding the information. The CPIO Dehradun submitted that an appropriate reply was provided vide letter dated 17.10.2018 enclosing the reply of the CPIO, Principal KVS Dantewada. He also submitted that there was a formal enquiry conducted to verify the reasons for destruction of information. Furthermore, he submitted that in March 2017 the examination was over. The whitewashing was done in April 2017 during the summer vacation at which time it was found that termites attack had destroyed the documents.
The appellant contended that the entire documents cannot be destroyed by termites and it is not an acceptable reason. He was asked to substantiate through materials on record that the respondent is deliberately hiding the information as he claimed in his second appeal. He submitted that he has no proof but he is suspicious of the authenticity of the reply. He further submitted that he asked for the information as he was the teacher who evaluated the answer sheets and to his utter surprise the students were declared passed by the School whereas he had failed many of them.
2
File no.: CIC/KVSAN/A/2018/165937 In respect of the destruction of information by termites, it is relevant to note that the CPIO cannot provide information which is not available. However, the CPIO can affirm on oath that the information sought was destroyed.
Decision:
In view of the above observations, the Commission is of the opinion that the CPIO should affirm on affidavit and submit to the Commission stating that the information sought is destroyed due to termites attack and a copy should be duly endorsed to the appellant. The CPIO is also directed to provide the details of other documents which were also destroyed in the termite attack and a copy of the enquiry report through which the destruction of documents were enquired into to the appellant within 7 days from the date of the receipt of the order. The said documents should be endorsed to the Commission in compliance with this order.