File not lost - but not available

[Atul Patankar]

I had applied to Kalyan Municipal corporation (KDMC) for copy of a building plan sanctioned by it in 1989.

The PIO replied that the outward register shows the entry of the santion letter. However, the file is not available with this office.

I am involved in a court case with KDMC about the same plan, and I had some idea that this will be the answer. Therefore, I had asked for copy of internal report about the file lost, and copy of police complaint lodged if any.

The PIO has given me a simple paper - not KDMC letterhead - which says that the concerned files are not available. It is not addressed to anyone. The person sigining has not mentioned name, designation, department, date, etc. Though the survey numbers etc are correct, there is nothing to show that this is a copy of correspondence by someone in KDMC. The paper does not even mention the name of office where the file is not availabe - it just says "the file is not available with this office".

And, as a last twist, PIO says that the file is not lost or misplaced - so there is no question of police complaint.

A court summons has failed to procure the plan/ sanction letter for last 6 months.

Can such a paper as given to me taken as 'information supplied'? Can I say I was given misleading information about the file? Can I say the PIO has malafide intentions? If the file is neither lost nor available, can I say this was wilful denial - and ask for penalty, departmental enquiry,? I wish do directly go by 'Complaint to SIC' route, as the FAA is the officer against whom the concerned court case is pending.

Please guide!

Similar Threads which you may be interested into:

• Need Help: Passport File Number Receipt Lost
• LOst
• Question: withhelding the file noting of file
• lost RC book
• RTI fails to recover file lost in govt red-tapism

[shan]

Sponsorer

The obvious question , here , even if we go through the plain response without the letter head would be :

1) The file is not lost or misplaced but not available. So who is accountability is it ? So , if you were to consider this as information supplied , then you could file another appln, asking for the name , designation & address of the person accountable for the same.
2 ) Has this inf. come to u by ordinary post ? If yes then , you can ignore the communication , as the PIO has replied on a plain paper without proper documentation & accordingly file a complaint.
3) Another appln./ complaint to SIC for ensuring that proper record keeping at the office & documented/ authorised response from PIO is not being provided.
dunno if these thoughts would help..

[taurus]

What is the purpose of your info? If you really need a copy of the sanction, you should try to get it. Will it be available with any other PA? Then you can try with them. If not, try again with the same PA as suggested by Shan. Some queries like who is responsible for its non-availability, what action has been taken on them, how else the info will be made available etc. may help. The other alternative is to go on appeal stating that the PIO has not furnished you the info, since the letter is not signed by the PIO (I presume so).

[abhi987]

Dear Atul,

The flow of a RTI application goes like this:

1) File a RTI application.
2) PIO provides No/Misleading/Incomplete information - File a First Appeal with the First Appellant Authority.
3) FAA directly or through PIO provides No/Misleading/Incomplete information - File a Second Appeal with the State / Central Information Commission as the case may be.

In your case instead of filing a complaint with the SIC/CIC, I feel you complete this procedure, you will lose 45 days in first appeal, but you will avoid technical complications.

[karira]

Just file a First Appeal with the FAA with the following grounds:

1. Plain paper, No letter head, no signature, no designation, no reference to your RTI application, etc etc etc ..
2. You asked for "information". Either the PIO supplies it or denies it under any of the sub-sections of Sec 8 or 9.
3. If "file is not available with this office" ("information" in this case), then either the recipient PIO has to transfer the application to the PA which holds the information under Sec 6(3) OR get that information from any other officer within the PA or any of its offices. In this case PIO has not done that.
4. PIO has not informed you the details of FAA as per Sec 7(8)