Central Information Commission Room No.412, IV Floor, CIC Building, Baba Gang Nath Marg, Munirka, New Delhi-110067 website-cic.gov.in Appeal No. CIC/CBRUI/A/2017/102977/MP Appellant : Shri Ashwani Kumar, Delhi Public Authority : CBI, New Delhi Date of Hearing : December 08, 2017 Date of Decision : January 01, 2017 Present Appellant : Not present Respondent : Shri K.S. Pathania, Dy.S.P. – at CIC RTI application : 13.10.2016 CPIO’s reply : 24.10.2016, 15.11.2016 & 22.12.2016 First appeal : 26.11.2016 FAA’s Order : 28.11.2016 Second appeal : 02.01.2017

ORDER

1. Shri Ashwani Kumar, the appellant, sought information regarding dispatch of his complaint dated 12.04.2006 from CBI to the CVO, Northern Railway; copy of dispatch register along with copy of postal receipt. The appellant mentioned in his RTI application that the CIC in File No. CIC/CC/A/2015/003780/SB vide order dated 12.08.2016 directed the respondent to supply the information regarding dispatch of his complaint dated 12.04.2006.

2. The CPIO intimated the appellant that his complaint had been sent to CVO, Northern Railway, Delhi vide office letter no. DLI/ACB/COMP./CA/703/06/1788 dated 01.06.2006. Dissatisfied, the appellant approached the FAA who directed the CPIO to provide an appropriate reply. Later, the CPIO intimated the appellant that the information had been provided already on 24.10.2016 & 15.11.2016. Not quite satisfied, the appellant came in appeal before the Commission stating that the CPIO did not provide the proof of dispatch of his complaint dated 12.04.2006.

3. The matter was heard by the Commission. The appellant was not present in spite of a notice of hearing having been sent to him.

4. The CPIO stated that he had replied to the appellant’s RTI application dated 13.10.2016 on 24.10.2016, 15.11.2016 and 22.12.2016 intimating that his complaint dated 12.04.2006 was sent to the CVO, Northern Railway, Delhi vide office letter no. DLI/ACB/COMP./CA/703/06/1788 dated 01.06.2006. He stated that the appellant sought information related to the records that were more than ten years old. He was not aware whether the records related to dispatch of said complaint dated 12.04.2006 were available still but he would check the position of availability with reference to the record retention schedule.

5. The Commission observes that the CPIO provided the information related to dispatch of complaint dated 12.04.2006 viz. date and letter no. to the appellant on 24.10.2016. The Commission, however, directs the CPIO to provide the copy of dispatch register mentioning the dispatch of office letter no. DLI/ACB/COMP./CA/703/06/1788 dated 01.06.2006. In case, however, the records had been weeded out, the CPIO will provide a copy of record retention schedule to the appellant within 15 days from the date of receipt of this order. The appeal is disposed of.

(Manjula Prasher)

Information Commissioner Authenticated true copy:

Dy Registrar Copy to:

Appellant Shri Ashwani Kumar F-178/F-2, Dilshad Colony Delhi-110095 The Central Public Information Officer Central Bureau of Investigation Head of Branch Anti Corruption Branch, Plot No. 5-B, CBI Headquarter Building, CGO Complex, New Delhi-110003 The First Appellate Authority Central Bureau of Investigation Anti Corruption Branch, Plot No. 5-B, CBI Headquarter Building, CGO Complex, New Delhi-110003