Wednesday, May 02, 2018

Missing files: court order speedy probe

The Hindu: Coimbatore: Wednesday, May 02, 2018.
A one-page application filed under the Right to Information Act in December 2013 with the Coimbatore Corporation to see a file, has over the years gathered mass as it moved across tables in the civic body and State Information Commission.
The corporation that kept adding more pages in response to the application also added more tables by including the police as it said that the file that the RTI applicant wanted to see was missing.
Tired of the file running around, the applicant, S.P. Thiyagarajan, moved the Madras High Court, which on March 19, 2018 directed the Singanallur Police Inspector to report within four weeks the progress made in the case registered to locate the missing file.
Justice M.S. Ramesh said the delay was inordinate and unjustified and as per the Criminal Procedure Code, the Inspector should report the progress within four weeks.
The applicant Mr. Thiyagarajan's RTI query on December 18, 2013 to the then East Zone Assistant Commissioner was to see a file related to the approval given to plots in a layout developed by the Peelamedu Industrial Cooperative Society.
After failing to get reply from the officer concerned (Assistant Commissioner, East Zone) and the then Deputy Commissioner the first appellate authority Mr. Thiyagarajan moved the State Information Commission. The Commission held an inquiry on October 2015, during which the officer concerned replied that since it was a nine-year-old file, he was unable to trace it.
Rejecting the application given by the Assistant Commissioner and the follow-up action taken by the then Deputy Commissioner, the Commission wanted to know why the Corporation Commissioner had not lodged a complaint with Coimbatore City Police, what action it had taken to trace the file, who was the custodian of the file that went missing and what action the Corporation had initiated against the custodian officer and passed a few orders.
It also directed the authorities concerned to slap ₹ 25,000 fine on the Assistant Commissioner, the Coimbatore Corporation Commissioner to lodge a complaint with the Coimbatore City Police, and officials concerned to initiate disciplinary proceedings against the then Deputy Commissioner for dereliction of duty.
Based on the direction, the Coimbatore Corporation Commissioner lodged a complaint with the City Police in February 2016.
Thereafter nothing much happened for two years until the RTI applicant Mr. Thiyagarajan's moved the Court seeking a direction to the Singanallur Police to report the progress in the case registered in 2016 to trace the missing file.
Singanallur Police said that they would soon file a 'further action dropped' report to the Coimbatore court and convey the same to the High Court. This was because the Corporation Commissioner's complaint was vague, without details and their inquiry with Corporation officials was not helpful.
Mr. Thiyagarajan said the RTI application of December 2013 had taken many twists and turns and the way the issue had progressed raised many questions. In the first place, the Corporation should have initiated disciplinary action against its officials for missing the file. And the Singanallur Police too should have done a thorough probe.
He would move the High Court again for a CB-CID probe because if the missing file were to be traced, it would reveal several illegalities related to the way the plots were sold.