IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 3073 of 2010 Date of decision February 22, 2010 Ram Chander ....... Petitioner Versus State Information Commission, Haryana thorugh its Secretary, SCO No.114-115, Sector 8-C, Chandigarh, and others. ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Rajinder Singh Malik, Advocate for the petitioner. **** K. Kannan, J (oral). 1. The information which the petitioner sought for under the Right to Information Act was the alleged fact of deposit of Rs.13.60 on 11.8.1984 and Rs.30/- on 14.8.1984 with the ISBT., Delhi. To the information which was sought, the response was that the records had been burnt and the fact of such fire had also been registered as FIR by the Works Manager with the Jurisdictional Police. The State Information Commission has disallowed the request, only after taking on file the contention made by the respondent that the records are not available. If the information sought for cannot be given by a statement that the original records have been burnt, the petitioner shall be entitled to make such inference and provide for secondary evidence as permitted by law, where the original is missing, destroyed or lost. The fact of the loss of the original record is now an admitted fact and the petitioner cannot have any relief by mandamus to provide the party with an information which is unavailable. The decision taken by the State Information Commission, under the circumstances, is justified and there is no scope for modifying the same in the writ petition. 2. The writ petition is accordingly dismissed. (K. KANNAN) JUDGE February 22 , 2010 archana