Economic
Times: New Delhi: Wednesday, 03 September 2014.
Public authorities
cannot take excuse of "missing files" for denying information under
the RTI Act as such claims have no legality under the transparency law for
withholding records, the Central Information Commission has held.
"Unless
proved the record was destroyed as per the prescribed rules of
destruction/retention policy, it is deemed that record continues to be held by
the public authority," Information Commissioner Sridhar Acharyulu said in
his order.
The case came
before the CIC after one Om Prakash sought to know information from Land and
Building Department of Delhi Government regarding allotment of alternative plot
in lieu of his land acquired by the Government.
The
Department admitted before the Commission that the relevant file is missing and
it could not be traced even though the officers personally inspected room of
the Land and Building Department after receiving the RTI application.
The official
representing the department said there is no possibility of retrieving the
missing record.
In a terse
order, the Commissioner said loss of records that are required to be kept and
maintained permanently, if considered as evidence in a case, should invite
criminal complaint against officials under section 201 of Indian Penal Code
(punishable with imprisonment which is directly proportional to seriousness of
offence charged from seven years to 10 years and for life.)
"Claim
of file missing or not traceable has no legality as it is not recognised as
exception by the 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," Acharyulu said.
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