MISSING RECORDS NO BASIS TO DENY (RTI) INFORMATION

The information can not be denied under the right to information Act, 2005 on the ground that records are missing. The Punjab state information commission has taken a serious view of such a plea by the Punjab state Warehousing Corporation, the Commission has directed its managing director to look into the matter and ensure that appropriate action is taken regarding the missing records. The commission observed that the department did not provide the requested information on the ground that the records could not be traced. It further noted that the respondent can not evade its responsibility to provide information merely by stating that the records can not be located. The commission said, efforts must be made to trace the records and supply the information sought by the applicant. The commission also observed that the department did not implement section 4 of the RTI Act, 2005 which mandates that every public authority must maintain its records duly catalogued and indexed in a manner that facilitates access to information under the Act. It further noted that records that are appropriate for computerisation should be computerised within a reasonable time, subject to the availability of resources and also connected through the net work across the country on different systems. Emphasisting this provision, the commission said failure to maintain proper records can not be used as a ground to deny information under the RTI, Act, 2005 . In view of these observations the commission directed that a copy of the order be sent to the MD of the Punjab State Warehousing Corporation to examine the issue, ensure necessary action regarding the missing records, and submit a compliance report before the next hearing. Both parties were directed to appear in person before the Commission on the next date of hearing scheduled for July 9:-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 Bilaspur Himachal Pradesh phone number, 9459334377