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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 ..... la in December, 2005 and was bearing file number 426/D(CN), dated 20-2-2006. 2. In his reply, the PIO stated that the said project report had not been received in the Ministry of Tourism. Being dissatisfied with the reply furnished by the PIO, the respondent preferred an appeal before the First Appellate Authority. The following was the order passed by the First Appellate Authority : "The noting initials on the cover page of the Project Report produced by Shri Bhamburkar suggest that the 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 moveme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed could be forged or it could be a conspiracy by which the report and all associated papers were taken away from the Government. Being aggrieved from the order of the Commission, the Union of India is before this Court by way of this writ petition. 4. Vide an interim order, this Court directed the petitioner to place on record the fact finding report of the Ministry of Tourism, Government of India and also directed that copy of the report be provided to the respondent. A perusal of the said report 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance with the provisions of the Act. Such steps could include the steps specified in Clauses (i) to (iv) but the sub-section does not exclude any other step which the Commission may deem necessary to secure compliance with the provisions of the Act. In other words, the steps enumerated in Clauses (i) to (iv) are inclusive and not exhaustive of the powers of the Commission in this regard. 6. The Right to Information Act is a progressive legislation aimed at providing, to the citizens, access to the information 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epartment that the CPIO/PIO would be justified in expressing his inability to provide the desired information. Even in the case where it is found that the desired information though available in the record of the Government at some point of time, cannot be traced despite best efforts made in this regard, the department concerned must necessarily fix the responsibility for the loss of the record and take appropriate departmental action against the officers/officials responsible for loss of the record. Unless 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 informa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cting 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. 9. In the case before this Court, as noted earlier, the PIO, who appeared before the Commission and admitted that the photocopy of the report made available to the Commission was signed by the concerned Joint Secretary and Director at the 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 endors ..... X X X X Extracts X X X X X X X X Extracts X X X X
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