Though the process might involve repeated applications, if one is
keen to solve the mystery, one can seek the information as to its
accountability. A government servants just cannot get away by saying
that it is missing. An applicant cannot ask the PIO to furnish an
affidavit. But the SIC/CIC can order the PIO to furnish affidavit.
During the hearing of the case the applicant may request the SIC/CIC
to seek the affidavit.
I had an experience. In a particular case the PIO and AA have
been denying certain facts. During the hearing I had established
whatever they were telling are lies and in a way challenged the AA
in SIC's hearing that in case he is telling the truth, can he state
it in affidavit. I had requested the SIC to appraise the AA the
consequences of making a false affidavit in a judicial proceedings.
The SIC (Sri.Palat Mohandas) has told the AA (Deputy Collector) to
furnish whatever he has stated then in affidavit with a caution that
in case it is found false later, he may have to go to jail.
Immediately the AA changed his words appologised and not only
promissed to furnish the information but settle the issue which
caused me to seek the information. Of cource it is a different
issue that the entire episode is found missing in the order issued by
the SIC and the AA/PIO neither provided the information nor things
done nor obeyed the SICs orders to provide the information. That is
Kerala style of getting out of a fix.
--- In [email protected], "Bimal Khemani" <[EMAIL PROTECTED]>
wrote:
>
>
> Dear Col.
> In one of our case the PIO submitted before the CIC Mr. M.A.ANASRI
> about missing of file. In this case CIC has ordered the PIO to
submitt an affidavit to the applicant stating the file not traceabe
or missing. Missing of a file from Govt. Offices is a serious crime
and the concerned officers are to face suspension also.
> In such case the applicant also can ask the PIO to furnish an
affidavit and I am sure in name of affidavit the file would
immediately be traced out.
>
>
> On Wed, 02 Apr 2008 colnrkurup wrote :
> >Where is the doubt ? Go for First Appeal. "Right to Information
under
> >Section 2(j) include "inspection"
> >
> >
> >--- In [email protected], Sidharth <sidharthbbsr@> wrote:
> > >
> > > Dear RTI_INDIA Forum Members,
> > >
> > > With due apologies to forum members for cross posting, I have
faced a
> > > very peculiar situation.
> > >
> > > What shall I do when the PIO stubbornly refuses file inspection
by
> > > saying that the files are either "Not Available" or "Not
readily
> > > traceable". (different occasions)
> > >
> > > Is it akin to missing files or it's all together a separate
category
> > > created by the PIO to confuse info seekers.
> > >
> > > Sidharth
> > >
> >
> >
>
>
> BIMAL KUMAR KHEMANI
> Saha-Prant Sangathan Mantri,
> AKHIL BHARATIYA GRAHAK PANCHAYAT BRAJ PRANT,
> 2/40D, Janakpuri, Marrish Road,
> ALIGARH-202001. INDIA
> Phone:0571-2401557, MOB:-093597BIMAL
> e.mail: [EMAIL PROTECTED]
>
>
> [Non-text portions of this message have been removed]
>
