The Hans India: New Delhi: Tuesday,
April 25, 2017.
The
department concerned must necessarily fix the responsibility for the loss of
the record and take appropriate departmental action against the
officers/officials responsible for loss of the record. Registering an FIR in
the cases of missing files will be an empty formality.
Unless files
are stolen or destroyed, which amounts to crimes, the police has no role to
play. Missing files could be a potential strategy to undermine the rule of law
and criminal justice systems, besides enabling white collar criminals to escape.
One Balendra
Kumar sought details with regard to the file notings of all corresponding
papers of a file; he gave the file number also.
But, the CPIO said the file was not traceable. In first appeal, a couple
of papers were given. The CPIO stated that the office had made all possible
efforts to find out the missing file and even went to different sections of the
departments concerned but failed.
The defence
of missing file cannot be accepted even under the RTI Act. If the file is really not traceable, it
reflects the inefficient and pathetic management of files by the public
authority. If the file could not be
traced in spite of best efforts, it is the duty of the respondent authority to
reconstruct the file or develop a mechanism to address the issue raised by the
appellant.
The Central
Information Commission feels that lodging of FIR is not the remedy in such
cases, as one cannot expect the police to come to the office and trace the
file. According to law, police does not
have any responsibility to trace the missing files, as they will come into
picture only when there is theft of files. It cannot be said that police should
come to office and search for the files or things misplaced due to negligence
or deliberate action or by mistake etc. It is the duty of the PIO to make
necessary efforts to trace the file and inform the same to the appellant in the
form of an affidavit.
The public authority
has a duty to designate “Public Records Officer” as per Public Records Act
1993. This Act is made to regulate the management, administration and
preservation of public records. The definition of “Public Records” U/S 2(e) of
Public Records Act, 1993 (PRA 1993) is almost identical with the definition of
Records under the RTI Act 2005.