Appellant sought copy of a particular file - PIO informed that the relevant records have been weeded out - Appellant: Under the Evidence Act, Public Authority does not have the power to weed out such records - CIC: No relief can be ordered in the matter
The Appellant sought copy of order of the Commission vide File No. CIC/WB/A/2006/00566 dated 19.04.2007 alongwith certified copy of the documents etc. through 9 points.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Present and assisted by S.P.S. Nagar in person.
TBJS Rajappa, Consultant (RTI Cell) & CPIO, Central Information Commission , Baba Gangnath Marg, Munirak, New Delhi present in person.
Appellant stated that he only wants copy of file records of F.No. CIC/WB/A/2006/00566 dated 19.4.2007. He further stated that he is not satisfied with the reply of the CPIO that the relevant file records have been weeded out because under Evidence Act, Public Authority does not have the power to weed out such records. CPIO submitted that records pertaining to the relevant Second Appeal have been weeded out and the Appellant informed accordingly.
Commission is not in a position to order any relief in the matter because the records sought are not available. No further action lies in the matter.
The appeal is disposed of accordingly.
Divya Prakash Sinha
Citation: Vijay Pal Singh v. CPIO, Central Information Commission in File No: CIC/CICOM/A/2018/135290, Date of Decision: 05/12/2019