If a copy of the original file cannot be retrieved, the understanding of this Commission is that there are three possibilities with respect to the record, i.e., that the record has been destroyed/tampered with; that the record is lost; or that the record has been misplaced due to negligence. Accordingly, it is the responsibility of the Respondent to provide information transparently regarding the missing record. In fact, this is reflected in Section 25 of the 2002 Ordinance, which provides for the liability of members of the Cantonment Board in the following terms: “Every member of the Board shall be liable for the loss, waste or misapplication of any money or other property belonging to the Board. If such a loss, waste or misapplication is a direct consequence of his neglect or misconduct while such member and a suit for compensation for the same may be instituted against him either by the Board or by the Government.”
the Respondent is directed to provide a copy of the original file to the Appellant.
The Respondent is directed to conduct an inquiry on issuance of notices for premium and security, and submit a report on the same before this Commission within one month of the receipt of this Order.