Claim that a file is missing or is not traceable has no legality under RTI

[rtiindia]

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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…

The law segment is available here RTI INDIA - Invoking Your Rights

 

 

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[Guest abirti]

Court and CIC have issued several orders to public authorities to go and lodge FIR on such matter . if u want to c decisions go to CIC websites search link type for and read every decision on for ordered by cic

 

Fir have been ordered by CIC on such case and decisions available in CIC website on searching word fir

 

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[MANOJ B. PATEL]

There is a court Judgement also.

[Prasad GLN]

Remember, 'Mantra' may not be one and same for "birth" and "death". Importance of information, urgency, prima facie suspicion of deliberate mischief should be felt by to Hon IC. In not every case CIC decided like that, and only in some cases, where suspicion is apparent, they have decided for lodging FIR.

[koteswararaonerella]

The CIC decision or for that matter Court decision are not going to deter the PIO/CPIO who deliberately destroyed the file (secretly) and two things advised in the decision are

1.To nominate some one as Records in charge and they will nominate one record assistant A GROUP -D official

2.At th most what the CIC can do if it suspects the missing of the file RECOMMEND disciplinary action by competent authority who will issue a formal charhe sheet and close with WARNING after collecting his explanation in complince to the commissions advice. NOTHING MORE CAN HPPEN

[RAVEENA_O]

What will happen is not the issue. CIC has given certain directives which shall become precedent. Public Authority cannot just take the plea that the file is missing. There shall be a deterent action for such mischief.

[koteswararaonerella]

CIC cannot take deterrent action and thence they (PIOs) behave that way irresponsibly.If it is some court they would have thrown into jail and that is what exactly I wanted to tell and I am the last man to support the irresponsible PIO.

[karira]

What will happen is not the issue. CIC has given certain directives which shall become precedent. Public Authority cannot just take the plea that the file is missing. There shall be a deterent action for such mischief.

 

In my first appeal hearing on 27 Oct, with the FAA of CIC I took the help of this CIC order and also the Delhi HC judgment (Vishwas Bhamburkar v/s Union of India - on missing files), to get the FAA to direct the PIO to file a FIR for missing records.

 

The written order is still awaited. Hope that it reflects what happened during the hearing.

[Guest abirti]

In my first appeal hearing on 27 Oct, with the FAA of CIC I took the help of this CIC order and also the Delhi HC judgment (Vishwas Bhamburkar v/s Union of India - on missing files), to get the FAA to direct the PIO to file a FIR for missing records.

 

The written order is still awaited. Hope that it reflects what happened during the hearing.

 

Hon. Sir if you have submitted cited decisions in written it is my firm hope it will reflect in decision as deciding authority if neglects so imp. Facts will fear of answering to above authority on neglecting cited truth which is in written and copy of same will be submitted to every above hon. Authority where remedy will be asked specially if submitted by honourable you as they also know you had and you can move to further higher appropriate authorities for getting justice.this is real fear to decide truly on truth cited by you

 

 

Next thing I would like to say (due to earlier posts on actions on such cases) I had filed fir without getting sic decision ,only on base of reply that file is missing under public records act and got immediate result as inquiry also departmental against custodian .case is ongoing ,hoping for good.hence we can hope good not only from CIC but also from rti as it makes P.A. to WRITE TRUTH .rti has forced p.a. to answer truly, this is a real remedy as reply opens gates for detterent action for many authorities ,not only cic.what matters is how we use where we submit received reply cum proof

 

I am a fool ,worst in world,all others are genius hence i am forgivable by all for any wrong advice bymistake

[koteswararaonerella]

That is what is required to be done by PIOs as soon as the Missing of file comes to his notice ,but this is seldom done by them in any department.

[Satyavrat Jangid]

The latest decision relevant to the claim - file missing /not traceable must be circulated to all PIOs with directions to take time bound action for its implementation.

Sent from my Redmi 3S using RTI INDIA mobile app

[Prasad GLN]

Who takes the responsibility of such circulating the decisions?   It is duty of concerned public authority to update their designated officials the latest decisions (This includes FAAs in addition to PIOs).  Several authorities upload such decisions in their website to guide the officials.  Honestly, PIOs learn more such things from applicants at the time of first appeal hearing or proceedings.

[Deepak Dang]

Hon Sirs, In similar case, CANARA BANK filed false affidavit in court & petition was dismissed & no justicie was provided. CPIO took similar stand before CIC with a modification that there was a fire in the building so they could not trace the record.  The Appellant provided me part of record  & they couldn't deny & information received.  The DGM is advised to submit reply to Show Cause as to why penalty should not be imposed.  

[Prasad GLN]

In several CIC decisions, PIOs were asked to reconstruct the file on the basis of master copies or such copies available with some other dept.,  If Canara Bank has filed such objections, they must have stated in writing in lists of records burnt during the accident.  They should also explain to IC as to the possibility of reconstruction of file.  Now file missing appears a lame excuse as all banks saves the files in cloud manner and the files can be retrieved through digital process from computers or their hub.