CIC: Can’t claim files missing for no info

The Central Information Commission on Tuesday said that denying information on the pretext of “missing files” by public authorities has no legality under the transparency law for withholding records.

In an order, information commissioner Sridhar Acharyulu said, “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.”

The case came before the CIC after one Om Prakash sought to know information from the land and building department of the 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 application. The official representing the department said there is no possibility of retrieving the missing record. 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 the IPC ( 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,” Mr Acharyulu said.