Central Information Commission
Mr.Amarjit Pal Singh vs Delhi Police on 29 August, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/003652
August 29, 2013
Appellant : Shri Amarjeetpal Singh
Respondents : Delhi Police
Date of Hearing : 26.08.2013
ORDER
The present appeal, filed by Shri Amarjeetpal Singh against Delhi Police, was taken up for hearing on 26.08.2013 when the Respondents were present through Shri S.V. Singh Duhan, ACP and Shri Satya Prakash, S.I. The Appellant was present in person.
Facts of the case:
2. The Appellant filed an RTI application dated 30.06.2012 with the CPIO, Delhi Police, New Delhi seeking certain information regarding complaint cases registered against a firm, namely, M. Tech Developer by Delhi Police. He also mentioned an CIC/SS/A/2012/003652 Page 1 of 5 2 FIR No. 160/09 dt. 01.08.2009 u/s 420/120B I.P.C. registered against M. Tech Developer and requested for a copy of the same.
3. The CPIO vide his letter dated 30.07.2012 declined the disclosure of information in respect of point Nos. 1 to 3 to the Appellant citing exemption under sections 8(1)(e), (g) & (h) of the RTI Act. As for point no. 4 i.e. copy of advertisement/report, if any, advertise by M. Tech Developer regarding bail application filed by it before High Court, the CPIO advised the Appellant to obtain this information from M. Tech Developers.
4. Aggrieved by the reply of the CPIO, the Appellant filed an appeal (copy not enclosed with the present appeal) before the Appellate Authority which the Appellate Authority decided vide his order dated 04.09.2012. The Appellate Authority through this order provided the information related to point No. 1 of the RTI application i.e. total number of complaints received in case FIR NO. 160/09 to the Appellant. As for point no. 2, i.e. name and addresses of complainants along with their telephone numbers, the Appellate Authority upheld the CPIO's view that this information sought in said points attracts exemption under sections 8(1) (e), (g) & (h) of the RTI Act. As for point Nos. 3 & 4, the Appellate Authority advised the Appellant to approach the concerned court/organization as it was not available in EOW.
5. Aggrieved by the order of the Appellate Authority, the Appellant filed the present appeal before the Commission.
Decision:
26. During the hearing, the Respondents inform the Commission that the case FIR No. 160/09 u/s 420/120B IPC PS EOW (mentioned in the Appellant's RTI application) was registered on 01.08.2009 on the complaint of Sh. Capt. V.K. Sharma (Retd.) and the investigation was taken up. During investigation, the several complaints (numbers of which has at present reached 745) from investors have been received against the said alleged company. All the complaints have been clubbed with the present case. At present, the matter is under consideration of Delhi High Court and that a nodal officer has been appointed by the court for looking into the aspect of refund to the investors. The process of refund to the investors has already been initiated by the court and list of all investors/complainants has been submitted to the nodal officer appointed by the court. However, investigation of the case is still in progress against the alleged company M Tech Developers Ltd. They also mention that the Appellant is one of the complainants in the present case. The Appellant, on his part, while alleging that the said company has cheated on several people including him, desires to receive the requisite information.
7. Since the investigation has not yet been completed in the present matter, no further information can be allowed to be disclosed to the Appellant at this stage.
The CPIO is, however, directed to provide the progress of investigation being carried out in the present case to the Appellant within 1 week of receipt of this order.
8. Appeal is disposed of with the above directions.
CIC/SS/A/2012/003652 Page 3 of 5 4 (Sushma Singh) Information Commissioner 4 Authenticated by (D.C. Singh) Deputy Registrar Address to the parties:
1. Shri Amarjeetpal Singh B7/74, Safdurjung Enclave Extn.
New Delhi 110029
2. The Central Public Information Officer (RTI) & Assistant Commissioner of Police Economic Offences Wing Crime Branch Mandir Marg Police Stations Complex New Delhi
3. The Appellate Authority (RTI) & Addl. Deputy Commissioner of Police Economic Offences Wing Crime Branch Mandir Marg Police Stations Complex New Delhi CIC/SS/A/2012/003652 Page 5 of 5