Dear friends
Please find attached a news published in Sambad which has highlighted the issue as to how the PIOs taking the plea of File Missing avoid to provide the information to the applicants. In course of the hearings many PIOs pleaded that as the file concerned is missing, the information sought by the applicant couldn't be traced out despite their hard efforts and so the information couldn't be supplied. In course of the said hearings, the Odisha Information Commissioners do argue in their support quoting the RTI Act that the information which is held by the Public Authorities can be disclosed, and. if the information were not available at all, the question of PIO supplying the information doesn't arise. Then immediately, the Information Commissioners ask the concerned PIO to file an affidavit saying that the information was missing. Such an apologetic stance of the Commission gives a golden opportunity to the PIO to file the affidavit and send a copy to the Commission with intimation in some cases to the applicant concerned. By showing such Commission dictated plea, many PIOs have started filing the affidavit that the information is not available. On account of this newly devised ploy, a large number of applicants are getting deprived of the information they have sought by spending money, time and energy. The PIOs are quite aware that the poor applicants can not challenge their affidavits at the Commission's level or in the higher courts. Thus, the corrupt bureaucracy and the Commission are hands in glove to protect a degenerate system by keeping the information secret with the help of their new tactic.
Attached news is a bright example of it.
Thanks
Pradip Pradhan
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