The PIO submitted that records were not available - CIC: The PIO was directed to submit an affidavit indicating the date of destruction of the said records along with a copy of the order of the competent authority authorising such destruction
The appellant vide RTI application dated 13.08.2016 sought information regarding copies of the orders and correspondences relating to the letter dated 17.01.2006 issued to the Commissioner, Municipal Corporation of Mudwara, Katni by the Sr. Divisional Engineer (Works), West Central Railway, Katni. The CPIO replied on 28.09.2016. The appellant was not satisfied with the CPIO’s reply and filed first appeal on 03.10.2016.
The First Appellate Authority (FAA) vide order dated 25.10.2016 disposed of the first appeal. 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 01.12.2016.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Appellant : Present
Respondent : Shri Gaurav Mishra, Divisional Engineer cum PIO, West Central Railway
During the hearing, the respondent PIO submitted that they had provided the requisite reply vide their letter dated 28.09.2016 and the First Appellate Authority (FAA)’s order dated 25.10.2016 in which it was stated that records were not available. The reply furnished to the appellant is 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 as the PIO had claimed that the relevant records were not traceable.
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.
Citation: Pawan Pandey v. DRM’s Office, West Central Railway in File No.: CIC/WECRL/A/2017/189023, Date of hearing : 01.03.2018