Information about old records
The applicant sought the information regarding the repeal of Motor Vehicles Act 1939 and some other related issues. The PIO – Rajya Sabha provided few of the details to the appellant and for rest of the information transferred the remaining queries to the Ministry of Transport and the Legislative Department. The PIO – Ministry of Transport provided some information but also stated that the relevant records were not traceable since the said Act had been repealed way back in 1988.
View of the CIC
During the video conferencing, the appellant was absent. The Commission was not satisfied with the response of the PIO of the Ministry of Transport. The Commission observed that it is most unlikely that the Ministry should not have the relevant records relating to the repeal of the said Act and the enactment of the new one in its place. Every Ministry of the Government maintains such files and records very scrupulously since such records are resorted to each time the law is to be amended. Therefore, holding that enough effort has not been made to locate the records, the Commission directed the PIO to bring this fact to the notice of the Secretary to the Ministry and try and locate the relevant records. After a thorough search, if the relevant records are still not traceable, the PIO shall inform the Complainant accordingly.
Looking to the vintage of the information sought, the Commission accepted the submission of the respondents that the delay in replying to the application was not deliberate.
Every Ministry of the Government maintains such files and records very scrupulously since such records are resorted to each time the law is to be amended.
Citation: Shri Anand Moudgil v. Staff Selection Commission in File No: CIC/WB/C/2010/000133SM