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Missing/untraceable records

, 10-27-2008 at 11:13 PM (4746 Views)

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Of late PIOs are routinely replying that records sought by the applicants are missing or not traceable etc. This is true more in cases where records are sensitive in nature or may adversely affect the vested interests. Legal experts say such a loss of records, which are required to be kept and maintained permanently, should invite criminal complaint against officials under sections 201 and 217 of the Indian Penal Code (IPC).To resist such a trend, the applicant can file another RTI application with the same PIO seeking following information:

As per letter No. ___________dated ________ of PIO__________ [copy enclosed] , I have been informed that following records are missing or not traceable in the office:

a.

b.

c.

d.

I request you to kindly let me know following details in connection to these missing/not traceable records [hereafter referred to as “said records” for brevity]:

1. Please provide me certified photocopy of pages of registers where the said records were last recorded to have existed.

2. Name, designation and office address of the officers and other staff of the office who had last custody of the said records.

3. Date when your office first came to know that the said records are missing.

4. Details of efforts made to trace out the said records till date of your reply.

5. Certified copy of FIR filed for the missing/non-tracing of said records. In case if FIR is not filed till date of your reply to this application, reasons for it be also made known to me.

6. Certified photocopy of departmental guidelines for preservation and safe custody of records.

7. Certified photocopy of report made by your office to your higher officers and their reply on the matter of the said records.

8. Details of departmental action initiated against erring staff for the said records.

9. Certified photocopy of last audit queries and replies thereto in connection to said records.

10. Certified copy of record evidencing last periodical verification/inventory of old records undertaken by the dept/office as per prescribed procedure. If no inventory/verification is undertaken, reasons thereof be made known to me.

11. Name, designation and full address of PIO of the office where additional/duplicate copies would be available of the said record.

12. Please let me know if it is possible to retrieve the said record from computers.
13. Please provide me a sworn affidavit to this effect. [refer : CIC decision dated 06-11-2009 in Appeal No.CIC/SM/A/2008/00135 & SM/A/2009/001075]

[There is possibility that the said records may be traced out on receipt of this RTI application!!! All the best.]

_______________________________________________________

sivak64, namitabh, KRUTI PATEL and 1 others like this.

Updated 11-21-2010 at 01:30 AM by jps50

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Comments

mauryavip - 11-02-2008 09:37 AM
sure, instead of giving 12 long answers, the PIO will supply the record at the earliest.
good idea.
mahaveer - 04-07-2009 11:17 PM
i am sorry to say this also did not work to get the information, the cpio has totally denied giving the required information,
it looks like the cpio do not bother to give correct information under rti , I FEEL THAT RTI IS ONLY A TOT IN THE HANDS OF PA ,THEY PLAY AS THEY LIKE. BUT I WILL NOT STOP HERE I GET MORE STRONGER BY THESE REPLIES OF THE CPIO , I KNOW VERY WELL THAT THE CPIO IS DIGGING HIS OWN GRAVE BY COMMITING IN BLACK AND WHITE HIS FALSE / MISLEADING INFORMATION I HAVE CONFIDENCE THAT RTI IS MUCH STRONGER THEN THESE PITY CPIOS I WILL FIGHT IT BACK UNDER RTI.

Updated 04-07-2009 at 11:23 PM by mahaveer
krishan rinwa - 09-02-2009 09:13 PM
No information was given to me under RTI act stating "File lost". Now i have noted down all the points you have mentioned above and going to file a fresh RTI application with all these questions included. Thanks for this very helpful blog.
krishan rinwa - 10-18-2009 11:36 PM
Hello, as i mentioned earlier, i applied a fresh RTI application specifically mentioning all above points. But the some response i got from PIO were unsatisfactory.These points are stated below.

In response to above points the word to word reply of PIO:-

Point no. 1) Organization does not maintain any such type of record/register.
" 6) No such guidelines exist in the department.
" 8) Report by police states there is no criminal offense in this case.
" 9) There is no audit query in this regard.
" 10) No yearly verification of documents by the organization.
" 11) Department have no information in this regard.
" 12) Organization does not enter the records in computers.

I am not satisfied on these points. Now I will file another RTI appeal to first appellate authority (before 25/Nov/2009) for the above mentioned responses. Please guide what points i can raise in my appeal regarding these issues.

Updated 10-18-2009 at 11:54 PM by krishan rinwa
jps50 - 10-27-2009 07:28 PM
Mr. Krishan,U should forward this reply to the top head of the organisation and ministry to which it reports. Send copy to PIO also. All state and central govts have prescribed policy and guidelines for maintaining records. U can also ask for copy of record keeping procedure and policies by filing yet another RTI applications.

I have witnessed that info and files which are missing or reported not available were made available after series of RTI questioning.
pcbali - 04-03-2010 01:11 AM
what further, please inform latest
jps50 - 05-17-2010 07:52 PM
This query puts psychological pressure on PIO that applicant will demand at second hearing and PIO may be ordered by IC to supply sworn-in affidavit. In missing record cases, ICs have been of their own ordering sworn-in affidavits. One order I have quoted in blog. If such tactic of missing record is not checked, then every RTI application will be replied "record not traceable" [including salary details and name and designation of PIO etc etc !!!]. If you ask you may get, if you do not ask you will not get.