Dear Citizens,
had similar experience at EOW mumbai, hence i intend filing a RTI querie
if any of you would like to do so, it would put some weightage.
To,
The State Public Information Officer (ffice of commissioner of Police ( Crime
Branch)
Brihan Mumbai near crawdford market Mumbai 400001
(1) Full name of Applicant: Mr./Mrs./Ms.
(2) Address:
(3) Particulars of the information required
(i) Subject matter of Information: * Life Jacket concerning Late Police
Inspector Karkare informing that the Jacket is not traceable/missing. as
reported in newspapers.
(ii) The period to which the information relates:# From the date of first
opening of the file/creation of record, till the date of providing the
information.
(iii) Description of the information required:$ Authenticated copies of:
a) Record/proceedings of diligent search carried out for tracing/locating the
not traceable/missing life jacket
b) If no diligent search is carried out, reasons recorded for the same.
c) Name & designation of the official/s responsible for safe custody of the
said missing Jacket
d) FIR lodged with the police for the missing/non- traceable Jacket
e) If no FIR is filed, reasons recorded for the same.
f) Name & designation of the official/s, responsible for not filing the FIR.
g) Action, if any, taken against the official/s, as in c) & f) above.
i) Any other information, relevant to the above.
h
(iv) Whether the information is required by post or in person: In person
against receipt of intimation in writing from the SPIO.
(v) In case by post (Ordinary, Registered or Speed): N.A.
(4) Whether the applicant is below poverty line: N.A.
Language demanded: (u/s 6 (1) of the RTI Act-2005) : English
one CIC order
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/C/2006/00102 dated 9/6/’06
Right to Information Act 2005 – Section 18
Appellant: Ms. Misha Singh
Respondent: Ministry of Environment & Forests
Facts:
Ms. Misha Singh of Munirka, New Delhi applied to Dr. S.Bhowmik, PIO &
Additional Director, Ministry of Environment & Forests on 14.3.2006 with three
separate applications seeking information regarding environmental clearance
and other parameters of the Maheshwar Hydro Electric Project, Madhya Pradesh
in reference to the 1994 environmental clearance given to the NDVA and its
follow up. She received a partial response to the information called for as per
her
statement submitted to us at Annexure 5 of her complaint. It is indicated that
out
of information sought on 23 items o information sought in the three applications
taken together, she had received a full response only to one, which, however,
was received late; a partial response to another seeking copies of the report of
the Monitoring Committee constituted on May 1, 2006 together with the plan of
one project which had not been asked for. On the remaining 20 items the reason
for not providing information was that it could not be located. Ms Misha Singh
had complained, therefore, asking for the following:
a) Imposition of penalty for deemed refusal in 21 of 23 requests and late
response of information in the remaining two, and
b) Investigation into non-location of files, since complainant alleged that
the private sector party to whom the construction of the Maheshwar Project had
been assigned was “involved in unethical and illegal practices”.
2
On the basis of the above, we had directed Additional Registrar Shri
L.C.Singhi of this Commission to visit the Office of the Director, Ministry of
Environment & Forests and investigate the matter of non-location of files.
Accordingly, the Additional Registrar visited the office on 4.8.06. His report
is as
follows:
“A copy of the complaint petition was sent to the CPIO and
Addl. Director of the Ministry of Environment and Forests, Govt. of
India fixing 4th August as the date of conducting the investigation.
A letter posed under registered cover with acknowledgement due
also informed the complainant about it. The complainant however,
did not appear.
The Department concerned has produced records, which
reveal the following:
1. The main file relating to environment clearance of
Maheshwar HEP MP is not traceable since long.
2. There are altogether about 50 files, which are missing
as a result of shifting of almirahs containing all records, and, in fact,
one of the almirah is untraceable.
3. It was also submitted that adequate efforts have been
made to trace out missing files and that the process is still on.
However, the Addl. Director has submitted that it is not possible
either to locate or reconstruct the file.
4. Ministry of Power has been requested vide D.O.No. J-
11016-12083/08-IA.I dated 21.6.06 (Copy placed below) to obtain
the copies of letters/documents from their records so that the Public
Authority can supply the copies to the complainant, Ms. Misha
Singh.
In view of this, the misplacement of the file is a fact. It is also
a fact that the records are neither cataloged nor indexed. The
department does not know how many files are untraceable. It is
really strange as to how one full almirah could get misplaced and
becomes “untraceable”. However, prima facie there are no
malafides. “
3
The matter was scheduled for hearing on 12.10.2006. Both parties had
been informed by Notice of Hearing on Sept. 26, 2006 but neither appeared
before us on the due date.
DECISION NOTICE
We have examined the file. With regard to the prayer at a) above,
because as reported by the Investigating Officer the concerned files and indeed
a
whole almirah are untraceable, CPIO cannot be held responsible for any
malafide in the non-supply of information to applicant Ms Misha Singh and this
would amount to a reasonable cause for the delay/failure to supply.
However, the principal matter of concern is the prayer at b) above. This is
that a number of documents, which are held in public trust by the Department,
have been admitted to have been mislaid. Simply stating that these are
untraceable is not adequate excuse. If indeed, as suspected by the complainant,
the files have actually been purloined this will amount to serious criminal act
and
its non-recovery a breach of trust on the part of the public authority. The
Ministry
of Environment & Forests will, therefore, immediately lodge a First Information
Report (FIR) with the nearest Police Station to initiate criminal action against
those responsible for this theft/loss.
Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
16.10.2006
4
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of
this Commission.
(L.C.Singhi)
Addl. Registrar
16.10.2006
