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TMI Blog2014 (3) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... aceable/readily traceable/currently traceable. Fear of disciplinary action, against the person responsible for loss of the information, will also work as a deterrence against the willful suppression of the information, by vested interests. It would also be open to the Commission, to make an inquiry itself instead of directing an inquiry by the department/office concerned. Whether in a particular case, an inquiry ought to be made by the Commission or by the officer of the Department/office concerned is a matter to be decided by the Commission in the facts and circumstances of each such case. The inquiry conducted by the petitioner in compliance of the order passed by the Commission on 17-4-2012 was not at all satisfactory. It is, there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Report was received in MOT. However, since it is only a photocopy, its authenticity cannot be taken for granted. CPIO Asstt. DG (PSW) is directed to make a thorough search for the said Project Report and records pertaining to its receipt and movement in the Ministry. If the Report is traced, its authenticated copy will be supplied by the CPIO to the applicant. If the Report is not traceable, but records are found which confirm that the Report was received in the MOT, a report may be lodged with Police regarding the missing documents. An intimation to this effect may then be conveyed to the applicant by the CPIO. In case neither the Project Report nor any records of its receipt in Ministry are available, the applicant may be so informed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eport would show that the officer who conducted the said inquiry reported that there was no documentary record in the Ministry to show that the original report was received in the year 2006. He concluded beyond reasonable doubt that the original project documents on the subject matter was not available in the Ministry of Tourism. However, the said report does not indicate that any attempt was made to contact the then Joint Secretary (T) and Director (T) whose signatures on the photocopy of the report were admitted by the PIO before the Commission, to find out when, where, and in what circumstances they had signed the documents photocopy of which was produced before the Commission. In my view, it was incumbent upon the officer who conducted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nformation which before the said Act came into force could not be claimed as a matter of right. The intent behind enactment of the Act is to disclose the information to the maximum extent possible subject of course to certain safeguards and exemptions. Therefore, while interpreting the provisions of the Act, the Court needs to take a view which would advance the objectives behind enactment of the Act, instead of taking a restrictive and hyper-technical approach which would obstruct the flow of information to the citizens. 7. This can hardly be disputed that if certain information is available with a public authority, that information must necessarily be shared with the applicant under the Act unless such information is exempted from disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such a course of action is adopted, it would be possible for any Department/office, to deny the information which otherwise is not exempted from disclosure, wherever the, said department/office finds it inconvenient to bring such information into public domain, and that in turn, would necessarily defeat the very objective behind enactment of the Right to Information Act. 8. Since the Commission has the power to direct disclosure of information provided, it is not exempted from such disclosure, it would also have the jurisdiction to direct an inquiry into the matter wherever it is claimed by the PIO/CPIO that the information sought by the applicant is not traceable/readily traceable/currently traceable. Even in a case where the PIO/CPIO t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e relevant time. Prima facie, they would have signed the documents only if they had received either the original report or its copy. The endorsement made on the cover of the documents would show that the report/copy on which endorsement was made was signed by the Secretary, Tourism, Government of Kerala. Had a thorough inquiry been made by inquiring from the concerned officer to find out as to where, when and in what circumstances they had signed the documents, it could have been possible to locate the report in the records of the Government. 10. For the reasons stated hereinabove, I find no merit in the writ petition and the same is hereby dismissed. The interim order dated 1-6-2012 stands vacated. In my view, the inquiry conducted by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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