Punjab Information Commission Takes Firm Stand on RTI Compliance
In a significant ruling, the Punjab State Information Commission has unequivocally stated that public authorities are prohibited from denying information under the Right to Information (RTI) Act on the pretext that records are missing. This decision came during a hearing involving the Punjab State Warehousing Corporation, where the commission took a serious view of such a plea and issued directives to ensure accountability.
Case Details and Commission's Observations
The bench, led by State Information Commissioner Dr. Bhupinder Batth, was hearing an appeal filed by a resident of Mohali who sought information from the Punjab State Warehousing Corporation. The RTI request had been pending since July 2023. During the proceedings, the respondent department informed the commission that the requested information could not be located in its official records, citing the age of the data and requesting additional time to trace it.
Notably, the appellant was absent from the hearing, and a notice sent to him was returned as undelivered. After reviewing the submissions and documents, the commission observed that the department failed to provide the information solely because the records were untraceable. It emphasized that authorities cannot evade their responsibility under the RTI Act by merely stating that records are missing.
Commission's Directives and Legal Emphasis
The commission granted the respondent an opportunity to either furnish the required information to the appellant or submit an affidavit detailing the steps taken to locate the missing records. Furthermore, it highlighted that the department had not implemented Section 4 of the RTI Act, 2005, which mandates that every public authority must maintain records duly catalogued and indexed to facilitate access to information.
This provision also requires that records suitable for computerisation be digitised within a reasonable timeframe, subject to resource availability, and connected through a national network. The commission stressed that failure to maintain proper records cannot be used as a ground to deny information under the RTI Act.
Actions Ordered and Future Proceedings
In light of these findings, the commission directed that a copy of the order be sent to the managing director of the Punjab State Warehousing Corporation. The managing director is required to examine the issue, ensure necessary action regarding the missing records, and submit a compliance report before the next hearing. Both parties have been instructed to appear in person before the commission on the scheduled date of July 9.
This ruling underscores the importance of transparency and accountability in public administration, reinforcing that authorities must make diligent efforts to trace and supply information as per RTI mandates.
