Monday, January 31, 2011

Re: [HumJanenge] CIC to weed out (DESTROY) all case files after 6 months

Retention of public records  falls under the Public Records Act. There is a records officer who decides the retention policy for documents.

Some issues:

1) RTI Act allows for citizens to apply for records after 20 years, and the SHALL be provided.

2) If somebody demands a certified copy, then he has the right to compare it to the original. If the original is destroyed then the digital fascmile has no evidentiary value
and a certifed copy cannot be given (must check out the Information Technology Act again for this).

3) The documents in the files are Intellectual property of the parties.

4) Under the Public Records Act, only "ephemeral" documents can be weeded out.


On Mon, Jan 31, 2011 at 8:10 PM, Manoj Pai <> wrote:
If one goes through the same minutes, note that " In all cases digitized version would be retained." So the Commission is  on the safe side.

However, as the Commission is a quasi judicial body, they will have to follow the procedure as adopted by other tribunals. CAT preserves them for nearly 20 years. The tribal issue a circular, asking advocates and all those interested, to come and inspect the files before they are destroyed. The files are later shredded and then recycled through the Min of Environment.


--- On Mon, 1/31/11, Shailesh <> wrote:

From: Shailesh <>

The RTI superseed each act.  Then as per RTI, the record must preserve for 20 years.  How the circular is leagl issued by CIC?

Is this decision relates to those cases which stand solved to the satisfaction of the appellant?
There seems to be all round confusion.
Hari Goyal  

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