by, 10-27-2008 at 11:13 PM (4746 Views)
MISSING/UNTRACEABLE RECORDSffice:office" />
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:
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.]
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