Claim that a file is missing or is not traceable has no legality under RTIPosted: September 9, 2014
In a significant decision Central Information Commission (CIC) has ruled that unless proved that record was destroyed as per the prescribed rules of destruction/ retention policy, it is deemed that record continues to be held by public authority. The decision has been posted at out wiki Segment, for those who want to use it as a reference. You can visit out wiki article here: Missing Files under RTI Act.
Claim of file missing or not traceable has no legality as it is not recognized as exception by RTI Act. By practice ‘missing file’ cannot be read into as exception in addition to exceptions prescribed by RTI Act. It amounts to breach of Public Records Act, 1993 and punishable with imprisonment up to a term of five years or with fine or both.
Public Authority has a duty to initiate action for this kind of loss of public record, in the form of ‘not traceable’ or ‘missing’. The Public Authority also has a duty to designate an officer as Records Officer and protect the records. A thorough search for the file, inquiry to find out public servant responsible, disciplinary action and action under Public Records Act, reconstruction of alternative file, relief to the person affected by the loss of file are the basic actions the Public Authority is legitimately expected to perform.
After all, it is quite possible that the required information may be located if a thorough search is made in which event, it could be possible to supply it to the applicant.
Fear of disciplinary action, against the person responsible for loss of the information, will also work as a deterrence against the willful suppression of the information, by vested interests. It would also be open to the Commission, to make an inquiry itself instead of directing an inquiry by the department/office concerned.
The decision is available in the CIC website here: Sh.Om Prakash Vs. Land & Building Dept, GNCTD
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