http://courtnic.nic.in/dhcorder/dhcqrydisp_o.asp?pn=29556&yr=2009
Now how Justice Ravindra Bhat deals the other hand to "Muzibur Rehman penalty" (or why it is very hard work to establish Muzibur Rehman type penalty orders). "The Commission also directed the respondents to furnish a copy of the Destruction Certificate. The Destruction Certificate which is the bone of contention in the present proceedings reads as follows: It is certified that the old record of PS Vasant Kunj as ordered/mentioned vide order No.4646-60/HAR/SWD dated 24/11/06 have been destroyed by burning in my presence as per PPR 11.31 on 23/02/07. Police Station : Vasant Kunj (RAVINDER GREWAL) Dated : 23rd February 2007 Assistant Commissioner of Police Sub-Division Delhi Cantt. New Delhi." and "As is evident, the Commission has to, while deciding the appeal or complaint, form an opinion that either or all the authorities without reasonable cause refused to receive application for information or did not furnish the information within the time specified or malafide or denied the request for information or knowingly gave incorrect information. All this, in the considered view of this Court, points to a culpable state of mind. The facts present before this Court show that though there might be some variation or inconsistency as to when records were destroyed, that does not show any lack of bonafides on part of the CPIO or the appellate authority. For these reasons, the Court is of the opinion that no interference under Article 226 of the Constitution is called for. The petition is dismissed in the above terms. S. RAVINDRA BHAT,J JANUARY 30, 2009"
