CIC Directs Delhi Transport Corporation to Conduct Search for Historical Records Under RTI Act

Bridging the Historical Gap: CIC Orders DTC to Search for Decades-Old Records

The Central Information Commission ( CIC ) has recently intervened in a long-standing RTI dispute between an applicant, Sudesh Parashar, and the Delhi Transport Corporation ( DTC ). The case, which centered on the retrieval of records dating back as far as 1969, underscores the tension between rigid administrative record-keeping policies and the citizen’s right to information.

The Conflict: A Quest for Historical Data

The dispute arose over an RTI application filed by Sudesh Parashar in September 2023. The applicant sought specific details regarding promotion lists of Technical Inspectors from 2019-2021, records of disciplinary actions against bus drivers from 2019, and, most notably, documentation linked to a letter from 1969.

While the DTC provided several records regarding recent promotions and departmental actions, the request for documents from 1969 hit a procedural wall. The respondent argued that, per departmental circulars—specifically a circular dated April 18, 2019—records, including tribunal cases, are only maintained and preserved for a period of 10 years.

Arguments from Both Sides

The appellant, unsatisfied with this response, approached the CIC , asserting that the information—particularly historical circulars and related orders—was essential and that the 2019 destruction policy should not retroactively extinguish rights for records pre-dating that period.

The DTC , represented by Senior Manager Jagdish Prasad, maintained that the 2019 circular was created in continuity with a 1978 directive. While they admitted that locating a specific document from 1978 was inherently difficult due to the age of the records, they committed to reviewing their archives one final time to determine if any remnants of the requested documentation could still be retrieved.

Legal Analysis: The Bounds of Disclosure

Under Section 2(j) of the Right to Information Act, 2005 , a Public Information Officer is legally obligated to provide information that is held under the control of the public authority. The CIC distinguished between the impossibility of providing non-existent records and the duty to perform a diligent search.

While the Commission recognized that the DTC cannot be held liable for documents legitimately destroyed under established retention policies, it emphasized that absolute transparency requires an earnest effort when a citizen questions the availability of historical records. By directing the DTC to search for the 1978 circular and subsequent orders, the Commission has reinforced that "record destruction" cannot be used as a blanket defense without verified evidence of the archival process.

Key Observations

The judgment clarifies the Commission's expectations regarding record management and transparency:

• "It is clear that in the context of the RTI application submitted by the appellant, the PIO has provided the revised information... as per records."
• "The Commission is of the opinion that the requested information, which is available in the record and is suitable for provision, has been provided to the appellant."
• "The PIO... shall make one last effort to search for the 1978 circular and relevant orders within 4 weeks from the receipt of this order."

Final Verdict: A One-Time Opportunity

The CIC has ultimately disposed of the case with a clear directive. The Delhi Transport Corporation is required to conduct a thorough, one-time search for the requested 1978 circular and related documentation within four weeks. Should the search yield results, the copies must be provided to the applicant free of charge. If, after this exhaustive search, the records remain missing, the DTC must formally inform the applicant that the documents are unavailable in their current archives.

This ruling serves as a vital reminder to public authorities: when transparency is challenged, an earnest, documented effort to exhaust all archival possibilities is the minimum standard required by the RTI Act.