Pension documents of his father being 63 years old have been destroyed as per Northern Railway instruction regarding schedule of retention of old records - CIC: Facilitate an opportunity of inspection of records; Make efforts to redress the grievance

Information sought:

The Appellant filed an RTI application (online) dated 24.07.2023 seeking the following information:

“Sub: Required my father Record died in Accident during Service on Dated 13.11.1960 Name: Sh. Jai Ram S/o Ganga Ram Designation: MSM KJGY (Signal Inspector).

Respected Sir,

With reference to the above subject, I Vinod Kumar S/o Late Sh. Jai Ram R/o H.No.1436, Ward No.9, Mohalla Lohara Wala, Dera Bassi-140507. I would like to inform you that My father has died in Accident during service in the year 1960 he had posted in KHAN PURA YARD (SAHARANPUR) after death of my father in my family only my mother and me my mother name is Late Smt. Chawali Devi. She had faced problems when i was only 2 year and I never seen my father. My mother was helpless that time no one support to my mother even your department will never support my mother after death of my father and all the benefits which is compulsory payable to my widow mother never given by your department. The following benefits applicable to my widow mother.

1 Extraordinary Pension: Kindly check in your record have you given to my mother any extraordinary pension from dated 13.11.1960.

2. Family Pension: No family pension given to my widow mother and me yet till date.

3. Gratuity: Check have you given any Gratuity to my Widow mother Smt. Chawli Devi W/o Jai Ram.

According to above information I need following document from your department.

1 Death Record of my Father

2 Extraordinary Pension Benefits

3. Applicable Family Pension Benefits

4 Gratuity Benefits.

I know you will think why I will apply after long time. The reason is only without knowledge I was illiterate that time, Now my Son GURUSHARAN DHIMAN S/o Vinod Kumar is a Chartered Accountant Just because of his knowledge I am claiming these documents.

Kindly support to me and check your all record and give the eligible benefits which is payable to me. I hope you will proceed according to my request.”

The CPIO furnished a reply to the Appellant on 26.07.2023 stating as under:

“In reference to RTI appeal application of Sh. Vinod Kumar, in this regards it was already informed to applicant against his RTI application ID no. NRDLD/R/T/23/01991 dated 20.07.2023 and ID 01920 dated 24.07.2023 (Copy Enclosed) that his father's case is being 63 years old and as per the Northern Railway instruction regarding schedule of retention of old records pertaining 15 years old have been destroyed as per PS 1666. Hence his father's records are not available in this office.”

Being dissatisfied, the appellant filed a First Appeal dated 16.09.2023. The FAA vide its order dated 09.10.2023, held as under.

“In reference to RTI appeal application of Sh. Vinod Kumar, in this regards it was already informed to applicant against his RTI application ID no. NRDLD/R/T/23/01991 dated 20.07.2023 and ID 01920 dated 24.07.2023 (Copy Enclosed) that his father's case is being 63 years old and as per the Northern Railway instruction regarding schedule of retention of old records pertaining 15 years old have been destroyed as per PS 1666. Hence his father's records are not available in this office.”

Being dissatisfied, the appellant filed a First Appeal dated 16.09.2023. The FAA vide its order dated 09.10.2023, held as under.

“I have gone through the file/papers to the present RTI 1" Appeal dated 16.9.2023 and original RTI application dated 24.7.2023. Appellant preferred first Appeal to provide complete information. The reply to original RTI application was provided by concerned Public Authority (APO/Settlement) through online RTI Portal on 28.7.2023 which has been already acknowledged by the applicant.”

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Present through Video-Conference.

Respondent: Ms. Rajni Kadyan APO and CPIO and Ms. Meena Bhist, OS present in person.

Written submissions of the Respondent are taken on record.

The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that till date information has not been provided to him. He further submitted that he is not satisfied with the response given by the Respondent.

Upon being queried by the Commission, the Appellant stated that he has sought information related to his deceased grandfather who expired on 13.11.1960.

The Respondent while defending their case inter alia submitted that vide their letter dated 26.07.2023, they have categorically informed the Appellant that “his father's case is being 63 years old and as per the Northern Railway instruction regarding schedule of retention of old records pertaining 15 years old have been destroyed as per PS 1666. Hence his father's records are not available in this office”.

The Appellant contended that if the records are preserved in the office of the Respondent for a period of 15 years, then the Respondent should inform if any pensionary benefit is given to any of his family members in last 15 years. The Respondent contended that in absence of any identifying particulars of late grandfather of the Appellant i.e. his PPO number, medical card, PTO/Concessional Travel Order etc, they cannot trace the information in their records. The Respondent further submitted that there are approx.. 2 millions beneficiaries, thus, identifying particulars are a necessity.

Decision:

The Commission upon a perusal of records observes that the main premise of instant appeal was non-furnishing of information by the PIO within stipulated period as per the provisions of the RTI Act. The Commission observes that factual position in the matter has already been informed to the Appellant as per his RTI application vide letter dated 26.07.2023.

It is an admitted fact that the PIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant. The PIO can only provide information which is readily available in their records.

In this regard, the Commission finds no infirmity in the reply and the same was found to be in consonance with the provisions of RTI Act. The Commission observes that the Appellant is aggrieved with respect to non- payment of family pension. In light of the above facts and circumstances, the Commission directs the PIO, to facilitate an opportunity of inspection of the available and relevant records to the Appellant on a mutually decided date & time within a period of six weeks. The PIO is further directed to make efforts to redress the grievance of the Appellant. The Appellant is advised to approach the concerned office along with identifying documents of his grandfather to help locate data/documents relating to him (his grandfather) who was an employee of the Railways.

Copy of documents that the Appellant desires during the inspection shall be provided by the PIO on payment of requisite fees.

The above directions shall be complied with by the PIO within six weeks from the date of receipt of this order.

The FAA is directed to ensure compliance with this order.

The appeal is dismissed accordingly.

Vinod Kumar Tiwari

Information Commissioner

Citation: Vinod Kumar v. Office of the Divisional Railway Manager, Northern Railway, CIC/MORLY/A/2023/651722; Date of Decision: 21.02.2025