Concerned over the frequent cases of files and documents being vanishing from government departments, Madhya Pradesh State Information Commissioner Rahul Singh has directed the State’s General Administration Department (GAD) to initiate the legislation of the Public Records Act.
Singh also instructed the GAD to devise guidelines according to the Centre’s Public Records Act, 1993 to regulate the management of documents and have strict provisions, including 5 years’ imprisonment and fine of Rs 10,000 against guilty officers accountable for the missing the records until the Public Records Act is enacted in the state.
Singh pointed out that the absence of any legal framework for the management and administration of the records is the reason behind the officers being callous and apathetic towards cases of loss, mismanagement and illegal destruction of records in government offices.
What Kind of Records are Vanishing?
Singh’s order has exposed the stark reality behind callous approach of officers towards missing documents and plight of common man. The order warns that cases of vanishing and loss of records should not be dealt with in a superficial manner at the administrative level.
Singh said the loss of documents may have disastrous impact at times, jeopardising the lives and careers of affected individuals. The SIC order pointed out that the State Information Commission receives complaints, including missing land records, files and documents in cases of wrongful or irregular appointments, loss of documents in enquiry reports and missing documents in cases of corruption, loss of documents that can seriously affect individuals or organisations and also disappearance of documents in administrative actions against government officials.
Interestingly, Singh said there have been cases where these documents made a reappearance after the concerned authorities were ordered by the Information Commission to file an official police report.
Singh, in his order, said the vanishing of public records not only affects common citizens but, at times, puts government officers and employees at the receiving end. When the service or the enquiry reports are misplaced, officials face a lot of hardship during the service period and at the time of retirement.
No Accountability Regarding Missing Documents
Singh passed the order while hearing an appeal related to the missing caste certificate from the government record. Not only the public records and documents were lost, but also the RTI application that was filed was also reported missing. What surprises Singh that no accountability has been fixed for the past three years in the matter. Singh levied a penalty of Rs 58,000 against three Sub-Divisional Magistrates and also instructed Satna District Collector to initiate inquiry into missing records.
Status Quo in Madhya Pradesh
At present, due to the non-existence of Public Records Act in Madhya Pradesh, government officers and employees responsible for the disappearance and mismanagement of records are punished in accordance with the Madhya Pradesh Civil Services Rules, 1961. Due to the lack of specific and definite rules and regulation for public records, accountability is seldom fixed in such cases. Not only this, Singh rues that the state does not have a legally tuned process for recreation of the missing records.
FIR Must Be Filed for Vanishing Records
In cases of missing documents, Information Commissioner Singh stressed that the accountability and responsibility of a government official must be established in a time bound manner. If malafide intention of the official is proved behind disappearance of documents, then he must be punished with relevant provisions of the Indian Penal Code, 1860.
First Instance of Concern in Last 66 years
Singh, in his order said the section 19 of Right to Information Act endows the Commission with the administrative power to make the necessary changes in the provisions of the management, administration and destruction of public records.
Taking a cue from this Singh directed the Principal Secretary GAD, Madhya Pradesh, to initiate the legislation and enactment of the Public Records Act in Madhya Pradesh. The department was also instructed to devise guidelines in accordance with the Public Records Act, 1993 for the administration and maintenance of public Records in all state government offices and departments. Singh has also asked the GAD to file a compliance report with the Commission before January 23, 2023.
Nearly 66 years have passed since the constitution of Madhya Pradesh as a full-fledged state but it is astounding that it still does not have its own Public Records Act for effective administration, management and maintenance of public records while the Centre and several other states have already enacted one.
Apparently issue of disappearance and mismanagement of records was not given due attention and importance it commanded and required as a result the common man continue suffer over the missing records at the public offices.
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