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PIO of CIC says that file is lost


Prasad GLN

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File First Appeal before the FAA of CIC on following grounds:

 

GROUNDS: 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. 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.

 

Prayer: Direct the CPIO to supply the information free of cost within 10 days from the date of decision of this appeal.

 

Moreover, it is imperative to make this model Public Authority aware of the rule of law and to reform its own office functioning. Therefore, simultaneously, file another RTI Application with same PIO of and seek -

 

Please supply information with respect to ..................................................(give full details of the case, regarding which records were allegedly not found by the PIO)

 

[1] Name and designation of the custodian of the allegedly missed file.

 

[2] Please inform me the date on which it was noticed that the file is/was missing.

 

[3] Certified copy of the Police Complaint lodged by your office regarding missing of the file.

 

[4] In case no Police Complaint was/is filed by the public authority into the incident of Missing of the file in question, please supply me the note sheet containing notings by various officials and decision of competent authority for not lodging Police Complaint in such a serious incident of missing of agreement.

 

[5] Details of steps taken and action initiated by your public authority to trace out the missing file.

 

[6] Name, designation and office address of the officer / staff who handled the said file before its missing.

 

[7] Certified copy of the report of internal investigation made by your public authority into the incident of Missing of the file.

 

[8] In case no investigation is made by your public authority into the incident of Missing of file, please supply me the note sheet containing notings by various officials and decision of competent authority for not investigating such a serious incident of missing of file.

 

[9] Please inform me the name, designation and office address of the officers, whose assistance sought by CPIO in connection with taking decision and supplying information requested in this RTI Application under section-5(4) read with 5(5) of the RTI Act.

 

[10] Name & designation of the persons who destroyed/disposed of the above-mentioned Public Records.

 

[11] Name & designation of your department’s Records Officer appointed as per Public Records Act and Rule 3 of Public Record Rules

 

[12] Pages of Standing Guard file (maintained by Records Officer as per Rule 4) which refers to the document or file that has supposedly been disposed off.

 

[13] List of destroyed records maintained as per Rule no. 9(3) of Public Record Rules.

 

[14] All correspondence with reference to the destruction and disposal of above mentioned file / public records.

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