What to do if copy of the delegation of powers is not available?

Background

The appellant sought for a certified copy of the letter issued in 1964 by the Commissioner Municipal Corporation of Delhi to Deputy Commissioner regarding delegation of powers. The PIO replied that the question asked for is barred by time, therefore no information can be provided. On appeal, the FAA directed to furnish the certified copy of the delegation of power issued by the Commissioner (MCD) to the appellant from the books of available record.

View of CIC 

The Commission noted that the PIO is not able to locate the order regarding delegation of powers issued in 1964 despite diligent search. The Commission held that if a particular order is not available, the PIO cannot provide it, and it is a moot question whether such an order ever existed.

The Appeal was dismissed with the remarks that the information sought by the Appellant is not available and hence cannot be provided.

Comments

Many times, a PIO is confronted with the question of supplying copies of documents which are not available. While it speaks volumes about the record maintenance practices, the mute question is how to deal with such situations.

Citation: Mr. Swinder Singh v. Central Establishment Department in file no.CIC/SG/A/2011/003231