Central Information Commission
Ms. Pinki Kumari vs Delhi Police on 29 June, 2021
केन्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईनिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2020/104729
CIC/DEPOL/A/2019/162082
Ms. Pinki Kumari ... अपीलकताा /Appellant
VERSUS/बनाम
PIO, Delhi Police, South West District ...प्रद्वतवादीगण /Respondent
Through: Inspector Ram Singh Meena; ACP/HQ-
Vijay Singh; WI/CAW Cell- Smt. Kusumlata
Date of Hearing : 28.06.2021
Date of Decision : 29.06.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
104729 01.11.2019 02.12.2019 09.12.2019 16.01.2020 29.01.2020
162082 08.08.2019 21.10.2019 01.11.2019 19.11.2019 23.12.2019
Information soughtand background of the case:
(1) CIC/DEPOL/A/2020/104729 The Appellant filed an RTI application dated 01.11.2019 seeking information on the following 2 points:-
1. Please provide me copy of entire file with order sheets of case filed by the complainant against Sh. Bhupender Sabharwal, S/o Sh. Kewal Singh, R/o H.No. 216, Gali No. 7, Friends Colony, S.P. Road, Sultan Puri, New Delhi-110086 vide complaint no. 43 P, IO Smt. Sunita, SI, CAW Cell, Delhi Cantt., New Delhi.
2. The Copy of intimation sent to the complainant or other proofs or documents on bail application moved by accused Bhupender wherein he was granted interim protection and relief of notice prior to arrest was granted in absence of the complainant.Page 1 of 4
The CPIO/ADCP-I, South West District, Delhi Police vide letter dated 02.12.2019 replied as per report received from the ACP/Sub Division, Delhi Cantt. & ACP/CAW Cell, Delhi as under:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 09.12.2019. The FAA/DCP, South West Distt. vide order dated 06.01.2020 upheld the reply of the CPIO.
Aggrieved and dissatisfied with the response,the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties. Both parties are heard through audio conference and Appellant denied receipt of relevant information in response to her RTI queries. The Respondent stated that the information could not be furnished at the time when the RTI application was filed because investigation was pending. However, now the investigation has been concluded and the entire case records have been submitted before the Patiala House Court in 2020, where the matter is now pending. He stated that the next date of hearing of the matter before the Court is 15.11.2021.
Decision In the light of the above factual position, the Respondent - Inspector Ram Singh Meena, O/o Addl. DCP, South West District is hereby directed to send a current updated status report with respect to the complaint filed by the Appellant before the Respondent, within three weeks of receipt of this order. A compliance report with respect to the above directions shall be submitted by the Respondent before the Commission within 31.07.2021, failing which appropriate penal action shall be initiated as per law.
(2) CIC/DEPOL/A/2019/162082 The Appellant filed an RTI application dated08.08.2019 seeking information on the following 03 points:-
1. Please provide me copy of complaint/FIR and all relevant documents given by Sh. Bhupender Sabharwal, S/o Sh. Kewal Singh, R/o H.No. Page 2 of 4 216, Gali No. 7, Friends Colony, Delhi-86 during the period 15.09.2018 to 31.07.2019 at West Uttam Nagar Police Station, New Delhi -110059
2. Please provide the DD No./Complaint lodge no. etc. dated 16.09.2018 given by Ms. Pinki Kumari, D/o Deep Chand against Sh. Bhupender Sabharwal S/o Sh. Kewal Singh R/o H.No. 216, Galin No. 7, Friends Colony, S P Road, Sultanpuri, Delhi -110086.
3. Please provide all relevant documents and action taken report against Sh. Bhupender Sabharwal S/o Sh. Kewal Singh R/o H.No. 216, Gali No. 7, Friends Colony, S.P. Road, Sultanpuri, Delhi -110086 regarding complaint lodge dated 16.09.2018 (Complainant - Ms. Pinki Kumari) The CPIO/ADCP, Dwarka Distt. vide letter dated 21.10.2019 furnished a report as received from the SHO/Uttam Nagar as under:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 01.11.2019. The FAA/DCP, Dwarka Distt. vide order dated 19.11.2019 upheld the reply of the CPIO as well as directed the CPIO/DWD to reconsider the RTI request and provide the information within 03 weeks.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from CPIO, Delhi Police, Dwarka District vide letter dated 10.06.2021 stating that the subject matter pertains to PS Uttam Nagar/DWD. A reply dated 04.12.2019 has been annexed with the submissions, purportedly sent in compliance of the FAA's order dated 19.11.2019. Two more responses from SHO/Uttam Nagar dated 28.11.2019 and ACP/CAW Cell dated 03.12.2019 are also found on record.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties. Both parties are heard through audio conference and Respondent stated that while the Appellant enquired about her complaint through her RTI application, it is only at appellate stage that she mentioned that PCR call was made on 16.09.2018. Since the call pertained to a matrimonial dispute and dowry related issues, the matter was sent to the CAW Cell for Page 3 of 4 further action. The complaint was closed on 29.01.2019 on the basis of a statement of the Appellant. Copy of closure report as well as statement of the Appellant were provided to her by the ACP/CAW Cell vide letter dated 03.12.2019. Reply dated 04.12.2019 sent by the PIO/ADCP/Dwarka and the supporting documents attached with the submissions are self explanatory. The Appellant did not object to the above contentions of the Respondent.
Decision:
Perusal of records submitted by the Respondent reveal that complete information had been provided by the Respondent to the Appellant, none of which had been mentioned by the Appellant in the Second Appeal. Since no cause of action could be substantiated by the Appellant for adjudication of the instant Second Appeal, the instant appeal is disposed off without any further directions.
Y. K. Sinha (वाई. के. नसन्हा) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्विटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4