Weeding out the records which cannot be destroyed

 

The Appellant sought copy of order of the Central Information Commission vide File No. CIC/WB/A/2006/00566 dated 19.04.2007 alongwith certified copy of the documents etc. He stated that he is not satisfied with the reply of the CPIO that the relevant file records have been weeded out because under the Evidence Act, the Public Authority does not have the power to weed out such records. The CPIO submitted that records pertaining to the relevant Second Appeal have been weeded out and the Appellant informed accordingly. The CIC held that it is not in a position to order any relief in the matter because the records sought are not available.

 

Comments

 

It is surprising to note that the CIC has not looked the question whether it had the power to destroy the records and if not so, who was responsible for directing the destruction of the file.

 

Citation: Vijay Pal Singh v. CPIO, Central Information Commission in File No: CIC/CICOM/A/2018/135290, Date of Decision: 05/12/2019

 

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at the link: - Right to Information Act 2005- RTI Foundation of India.