Enlistment as Contractor in the MES

The Appellant sought information regarding enlistment of contractors in MES, retention period of related records, transfer of records after expiry of retention period, receipt of his application dated 18.09.2023, as well as queries regarding contractors’ bills and refund of fees. The PIO stated that information had already been forwarded under earlier letters, and that relevant files were not traceable as they were 35 years old. He also stated that as per the Accounts Officer, GE (West) Lucknow, the retention period of contractors’ bills was 10 years. The CIC observed that the reply furnished by the PIO is incomplete and evasive. Simply stating that retention is “10 years” without providing the authenticated Record Retention Schedule is inadequate under the RTI framework. Despite service of notice, the PIO failed to appear before the CIC which was viewed seriously as it reflects disregard towards the proceedings of the CIC. The CIC directed the Respondent to provide a copy of their records retention schedule to the Appellant free of cost within three weeks from the date of receipt of this order. Further, the CIC cautioned the PIO to remain vigilant in future and ensure timely attendance before the CIC as well as proper discharge of duties mandated under the RTI Act, failing which penal action can be initiated against him/her.

Comments

Every department should retain a copy of the destruction memo in accordance with the Record Retention Schedule. It would be handy to show that the documents have actually been destroyed as per the prescribed guidelines.

Citation: Sunil Kumar v. Garrison Engineer (West) Military Engineer Services, File No: CIC/DPTMA/A/2024/109476; Date of Decision: 08.09.2025

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