An employee, against whom an inquiry was conducted, has been asking for the copy of the inquiry report from past 6 years. He claims to have already obtained from the office concerned, he also claims to have obtained a copy of noting of DDE unofficially. But according to PIO the files are missing. The Commission directed the Directorate of Education GNCTD, Delhi to make a thorough investigation and search for the file which is not missing, but misplaced, as stated by the appellant and report the same. (If you have any query regarding RTI, kindly post it over our forum here!)
The employee has every right to have a copy of inquiry report and the relevant annexure, under the principles of... natural justice and according to guidelines of the departmental enquiry, so that he can go in appeal if he is aggrieved by the inquiry report. An employee cannot be kept in uncertainty of charges against him eternally. The appellant complained that he is waiting for the last 6 years.
Search for the file which is not missing but misplaced
The Commission notes the pathetic state of affairs with reference to the important files containing documents which are crucial for appellant’s right to employment. The DDE/PIO has a duty to trace the file, share it with the appellant because the appellant cannot be kept in uncertainty of charges against him eternally. The Commission also directs the respondent authority to find who was the controller of records at the relevant point of time and who might have been responsible for the misplacing the file. A systematic inquiry must be initiated in this regard also.
The citation is available here: Ms. Upma Saxena Vs. Dte of Education, File No.CIC/AD/A/2013/001261SA dated 20062014