Having heard both the parties, the Commission notes that the CPIO reiterated the same answer in his RTI reply, in first appeal and also before this Commission. If the office of public authority has shifted to a comfortable premises, that should have provided enough scope and reason for organizing files but not to lose the files. The repeated answer of "files not traceable" is reflecting disorganization, and it is not acceptable in an RTI regime. There is no point in reiterating the same without implementing the direction of the First Appellate Authority. Because of this attitude of CPIO the Commission is forced to take up the job of getting FAA order implemented.
9. The Public Authority has to own the responsibility for this kind of disorganization of files. The Complainant was kept waiting in bewildered belief that wild life files would be traced as promised. But it was an endless wait for him even after he approached the CIC in second appeal. He has to come all the way from Hyderabad to emphasize the need for information and present his arguments for information before the CIC. The core function of the department is to conserve forest, secure wild life and also preserve the files regarding those functions. Losing them and not expediting the process of tracing and providing that information is not proper on the part of public authority. It has infringed the right to information of the community and the planned legal action for preservation of wildlife and tribal rights kept pending with endless wait.
Central Information Commission
Mrd Suresh Kumar vs Ministry Of Environment & Forests on 17 September, 2015
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/A/2015/000298
