No record is available

[abhijeet]

We submitted few RTI applications to one PA of W.Bengal . It was observed that the information furnished with respect to different queries was as --- "No record is available."
Recently one of our members of the Society sought for certain information with background information of the subject matter clearly explained with it, as produced below along with information sought for.
One Joint Secretary to the Govt. of west Bengallace> , Cooperation Deptt.. requested the Registrar of Coop. Societies, for disposal of any dispute regarding illegal construction and selling of flats of the said society amicably across the table after discussing the issue with the present management of the society. He also mentioned that “This may kindly be treated as extremely urgent. A report in this regard may be sent to this department immediately after holding the meeting..”( letter dated 1^st June,2007)
I would like to know the following information under the RTI Act ,2005 on the above .

1.Had the RCS arranged a meeting with the ‘present management of the society’ ?
2. Did the RCS send the report as asked for urgently to the Coop. Deptt after holding meeting ? If not , what is the reason thereof ?
3. Please provide the applicant a copy of the report submitted , if any.
The "information" provided ----
1. No record is available in this regard.
2.Does not arise.
3. Does not arise.

I simply failed to understand how this type of ' information ' could be furnished. Joint Secretary directed to arrange for urgent action and immediate sending of report; but even after one year how it is possible for any responsible officer to ignore that direction ? In this regard it is to be mentioned here that this office of the Registrar is famous for helping different corrupt persons/ managing committees of Co operative Societies.
Recently we had a discussion with the concerned Joint Secretary, who advised us to go to the High Court in each and every matter.
The SIC is not at all helpful. When no record is available - nothing could be done.
Why the work was not done, the reason of this will not be provided ---
" RTI is for information only , not for explanation "
FAA will simply add - As there is no recorded reason , so furnishing information does not arise.
Second appeal /complaint etc are pending with SIC since September, 2007.
I have elaborated experince of RTI activities in two Govt. Departments, where no fruitful information is available.

[colnrkurup]

In such cases, one can get the required information if has patience. One can reach the level of the information asked step by step. To start with one has to ask for a certified copy of the minutes of 1-1-2007. In case the reply is that 'it is not held', you have to ask information as to whether such a meetting was held on 1-1-2007 and who has attended etc.This process has to continue. In case the PIO keep on replying 'no record held', gather maximum number of such replies and make a complaint with copies of all such 'no record held' replies. Something is bound to yield. I had success with one such trial. It took 6 RTI applications step by step over a period of 1year to arrive at the position where the PIO had no choice but to reply.But it is very difficult. You may proceed if theinformation you seek is worth the effort.

[abhijeet]

Sir,
That is the procedure which is being followed. But the point is this takes much time and thorough persuation. The same Department did not furnish any informatin of RTI application dt 11.03.08. Twice they arranged FA hearing, the information of which reached at this end, when the hearing was over. This was also informed to them. Now we have to go for 2nd appeal, the Hon'ble SIC will invariably send it back to the FA. So this is the dedicated way of harassment . With lot of patience if anything positive could achieve , then there is our Hon'ble Minister. You have already gone through the "Success story" ----Success of RTI activity nullified by the Minister . But our Chief Minister is a too busy person to look after all these matter. Concerned Joint Secretary, who advised us to go to the High Court in each and every matter.
Dear Ganpatji always reminds us----__________________
Defeat is not final when you fall down. It is final when you refuse to get up.
We are encircled by lots of corrupt persons, who are always getting almost full support from the administration. And they are very much united and powerful. So though a CID investigation had been initiated against them, but we could not succeed to implement the High Court's order even after 24 years of struggle in different fronts. The corrupt MC is once again in power and destroying the nature and character of our society.
Are we defeated, Ganpatji ?

[jps50]

Whenever PIO resorts to 'No record available' excuse, ask for physical verification. I suggest that in all RTI applns we should seek physical verification, whether we may undertake or not. This request builds pressure on PIO to avoid incorrect info.