Non availability of records at the Army Headquarters Southern Command

Information about a contract to build a website and related information was not provided claiming that that no contract/MOU/Agreement/etc to build the website was found in the file. It was informed that the matter is very old and related files have been physically destroyed as per Regulations for the Army 1987. Further, all efforts have been undertaken at the Army Headquarters Southern Command to investigate the details as asked by the applicant. However, personnel involved in the said matter have been posted out as routine turnover/ retired. The CIC observed that the information sought was denied by the Respondent on the plea that it was more than 10 years old and the same was destroyed as per as per Regulations for the Army 1987. However, no documentary evidence of the destruction of record or the specific record retention schedule applied in this case has been provided. The CIC directed the Respondent to search the records once again and if the documents were not found, they should provide a copy of the Record Retention Policy and a copy of weeded-out record destruction certificate, to the Appellant. If the records destruction certificate is not available, then the Respondent should file an affidavit to the CIC regarding non-availability of the documents sought in the RTI application.

Comments

If the records are being destroyed as per the record maintainance schedule, the destruction memo must be maintained and the copy of the same provided to the RTI applicant.

Citation: Kamal Kashyap v. HQ Chief Engineer, HQ Southern Command, PIN-908541, C/o 56 APO, CIC/DPTMA/A/2024/614534; Date of Decision: 22.05.2025

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com