How many mutations were opened, names of persons in whose names these were opened & the basis of opening by the Dargah Committee Ajmer? - CIC: inquire into the untraceable record, fix responsibility & take appropriate action for the loss of record
1. Quazi Munavvar Ali, filed an application under the Right to Information Act, 2005 (RTI Act) on 04.01.2013 with the CPIO, Office Dargah Committee, Ajmer seeking following information:
1. How many mutations were opened, names of persons in whose names these were opened and the basis on which these are opened by the Dargah Committee Ajmer after the appointment of Mohammad Khan and Wazir Khan as Rakabdars.
2. The year in which Rakabdari in the name of Majid Khan was opened. Copies of his application and mutation may be provided.
3. Copies of application for mutation and order dated 07.07.1988 passed by the Committee may be provided.
2. The CPIO on 01.10.2013 had provided information to the appellant. Not satisfied with the response of CPIO the appellant filed an appeal before the FAA on 05.10.2013. The FAA on 07.11.2013 upheld the decision taken by the CPIO. Aggrieved by the decision of FAA, the appellant filed an appeal before the Commission on 27.03.2014.
3. The appellant Quazi Munavvar Ali and Shri Mohammad Adil, CPIO and Deputy Nazim attended the video conferencing.
4. The appellant submitted that the though records in respect of point no 1 and 2 of his RTI application are available, the respondent is taking the plea that the same are not traceable.
5. The respondent submitted that the information in respect of point No 1 and 2 relates to 1988. As the record relating to them is quite old the same could not be traced despite best efforts.
6. The Commission heard the submissions of both the parties. The main issue relates to the tracing of the missing record. The record keeping and proper maintenance of files is key function of any public authority. In view of this, it is imperative that due efforts are made to locate the missing record so that the information sought by an applicant under the RTI Act can be provided to them.
7. The Commission directs the respondent to once again make efforts to trace the record and provide information to the appellant by 03.09.2015. In case the records are not traced, the Appellate Authority, Office of the Nazim Dargah Kwaza Sahab, Ajmer shall inquire into the matter of the untraceable record and fix the responsibility for the loss/ misplacement of record and take appropriate departmental action against the officers/ officials responsible for the loss of the record. The appellate authority shall also provide the appellant an opportunity of being heard in the matter. A copy of the inquiry report along with the action taken report may also be provided to the complainant. The inquiry should be completed within a period of six weeks from the date of receipt of a copy of this order.
8. The appeal is disposed of. Copy of decision be given free of cost to the parties.
Citation: Quazi Munavvar Ali, S/o Massod Ali v. Nazim Dargah Kwaza Sahab, Ajmer in Decision No.CIC/YA/A/2014/001434/SB/