New Delhi, Feb 3 (PTI) A file that was stated to be “not traceable” by the MCD in response to an RTI request “mysteriously” became available when the matter came before the Central Information Commission, prompting an amused CIC to question what had triggered the ‘Eureka!’ moment for the civic body.
The case relates to the information sought on records linked to a hospital layout approval in the Model Town area. Initially, the Town Planning Department of the Municipal Corporation of Delhi (MCD) told the applicant that the file was “not available” and “not traceable”. The same position was reiterated during the first appeal.
However, when the matter reached the Central Information Commission (CIC), parts of the information unexpectedly surfaced. Taking note of this backpedalling, Information Commissioner Vinod Kumar Tiwari questioned how the file in question became “mysteriously” available after the CIC hearing notice, when two replies furnished by the record-keeper of the safe office earlier had said it could not be produced.
“Commission cannot lose sight of this diametrically opposite stand, particularly when the ‘Eureka!’ moment happened and what triggered it,” he said.
The CIC was critical of the manner in which the request was handled, observing that “merely stating that a file is not traceable does not absolve the public information officer (PIO) of his statutory responsibilities” under the RTI framework.
It also expressed concern that official replies did not even carry basic details such as the name and contact information of the PIO, noting that such omissions were “contrary to the spirit of the RTI Act” and basic administrative transparency.
The Commission further observed that issuing internal search memos, instead of formally pursuing the information and keeping the applicant informed, appeared to have the effect of “keeping the appellant in the dark as to what all is transpiring inside the office”.
In unusually strong remarks, the CIC said there was “clearly an attempt to evade disclosure of information” and cautioned that it would be a miscarriage of the RTI law if authorities could conveniently claim that records were missing, only to produce them later when scrutiny increased.
The CIC, in an order issued on Monday, directed the MCD to provide a fresh, point-wise and complete reply to the applicant within four weeks and issued a show-cause notice to the PIO, asking him to explain why penalty action should not be initiated. PTI MHS PRK PRK
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