procedure to get destroyed record under right to information Act

DESTROYED RECORD

            Many times, PIO casually replies that record has been destroyed or weeded out by referring to record retention schedule of public authority. In fact the record may not have been actually destroyed despite lapse of specified retention period. In most of cases, record is destroyed after a very long time of expiry of period stated in record retention schedule. For example if a register in a bank is required to be retained say for 5 years from date of last entry, but in practice it is destroyed after 7 or even 10 years from date of last entry when destruction is undertaken for cluster of branches. Similar is the case with most of public authorities. PIO is bound to supply information which still exists [irrespective of its age in record retention schedule] in whole of public authority.

Under these circumstances, information seeker should file another RTI with the same PIO seeking following information:

I enclose photocopies of your letter No. __________ dated ______and my RTI application dated _______ [old RTI]. I have been informed that record is destroyed/ weeded out. Kindly supply following information in connection with that record claimed by you to have been destroyed/weeded out [referred to as said record hereunder]:

3.01. Please provide me certified photocopy of pages of register where the said records were last recorded to have existed before destruction.

3.02. Name, designation and office address of staff who had last custody of the said records.

3.03. Date and place of actual destruction of said records.

3.04. Photocopy of relevant pages of register maintained for destruction of record where the said records were entered into.

3.05. Name, designation of staff in whose presence the said records were destroyed.

3.06. Certified photocopy of guidelines for preservation, safe custody and destruction of records.

3.07. Name, designation and office address of Authority who has authorized destruction of said records.

3.08. Method or procedure adopted for destruction of said record [burning, shredding, watering, pulping etc, etc]

3.09. Please let me know location of existence of this information in some other form or place like computers, microfilms, centralized data base or other sources or locations etc.

3.10 Please provide me names and contact details of other citizens who have been supplied said record in last 10 years under RTI or otherwise.

3.11. Please provide me a sworn affidavit to the effect that information no more exists in entire public authority [electronically or otherwise].  [refer: CIC decision dated 06-11-2009 in Appeal No.CIC/SM/A/2008/00135 & SM/A/2009/001075]

3.12 Please permit me inspection of records sought as above under this application.

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Mostly you may get the information, if it is not actually destroyed and not held in other location or form.

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