Records cannot be destroyed during the pendency of RTI application:

Central Information Commission (CIC): “Records cannot be destroyed after RTI application   is   filed,   even   if   it   outlived   the   time   prescribed   under   weeding   out   policy   and   if destroyed like that, it would invite the penalty under Section 20 of RTI Act,” held CIC while hearing the plea of a complainant who sought some information with regard to appointment of Associate Professor from Delhi Technological University but was denied on the ground that records carrying the information have been destroyed.  Earlier the complainant had approached Delhi Technological University seeking information regarding criteria   for   selection to the post of Assistant Professor, marks   secured   by   the   complainant   including   the   interview and minimum marks fixed for selection to the said post but no details were furnished to the complainant on pretext of destruction of concerned records. While coming down heavily upon the University Authorities, CIC asked them to explain the Commission whether they were following the provisions of the Public Records Act,   1993   in   destroying   the   old   records,   made   any   rules   for   their   office,   who   is   in charge   of implementation   of   those   rules,   when   the   particular   information   sought   by   complainant  was destroyed   and   what   is   the   file   noting   about   that   file   before   it  was   weeded   out. CIC further issued show cause to the Public Authority of the University for making a wrong claim of weeding the record and for not   furnishing   the   information   to   the   applicant. (Ashok Kr. Dixit v. Delhi Technological University, 2014 SCC OnLine CIC 3161, decided on October 9, 2014)

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