Central Information Commission
Geeta Sharma vs Ministry Of Home Affairs on 27 December, 2016
2CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
BhikajiCama Place, New Delhi-110066
Decision No. CIC/SB/A/2015/000526
Dated 20.12.2016
Appellant : Ms. Geeta Sharma,
B-465, Plot No.366, Pole 1620,
NayiBasti, Maidangarhi,
Saket,
New Delhi-110068.
Respondent : The Central Public Information Officer,
Delhi Police, O/o ACP Cyber Crime,
Economic Offences Wing,
P.S. Mandir Marg Complex,
Mandir Mar, New Delhi.
Date of Hearing : 20.12.2016
Relevant dates emerging from the appeal:
RTI application filed on : 06.02.2015
CPIO's reply : 22.02.2015
First Appeal filed on : 06.03.2015
FAA's order : 04.04.2015
Second Appeal filed on : 02.06.2015
ORDER
1. Ms. Geeta Sharmafiled an application dated 06.02.2015 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), O/o Delhi Police Commissioner, Police Headquarters (PHQ) seeking a certified copy of the inquiry done by the Investigation Officer (IO) in case FIR No. 200/08 registered by the Economic Offences Wing (EoW).
CIC/SB/A/2015/000526 Page 1
2. The appellant filed a second appeal dated 02.06.2015 before the Commission on the grounds that the information sought has been denied year after yearwith a standard reply stating that the supplementary investigation is under progress.The appellant requested the Commission to direct the EoW to produce its investigations of the past seven years into the various bank accounts in Delhi in connection with her case FIR No. 200/08/PC/PS/EOW/U/S 420, 468, 471 IPC/PS EOW.
Hearing:
3. Both the appellantMs. Geeta Sharma and the respondent Shri Jagdish Kumar, Inspector, Delhi Police were present in person.
4. The appellant submitted thatshe had sought copy of the inquiry done by IO in case FIR No. 200/2008 registered by EoW. The appellant further submitted that she wants to know why the accused was discharged by the Court of Law despite being identified by her and in the presence of corroborative evidence.
5. The respondent submitted that the appellant was informed vide letter dated 22.02.2013 that the main charge sheet in the case has been filed in the Court. However, since the supplementary investigation was in progress, therefore, the requisite information could not be provided as the disclosure of the same would have impeded the process of investigation. Hence, the information sought was not provided in view of Section 8(1)(h) of the RTI Act. The respondent further submitted that now the investigation has been completed and the competent Court has discharged the accused. The respondent also stated that the appellant is seeking redressal of her grievances relating to the discharge ofan accused by the Court. However, the RTI Act is not a proper law for redressal of grievances and there are other appropriate CIC/SB/A/2015/000526 Page 2 fora for the same. Nonetheless, the appellant, if she, so desires can inspect the relevant records on any working day.
Decision:
6. The Commission after hearing the submissions of both the parties and perusing the records, agrees with the respondent that the appellantis seeking redressal of her grievances in respect of illegal discharge of the accused and that the RTI Act is not a proper law for redressal of grievances and there are other appropriate fora for the same. Nonetheless, since the investigation and the trial in the matter is over, the Commission directs the respondent to provide a certified copy of the enquiry report filed by the I.O. concerned in Case FIR No. 200/2008 to the appellant. The Commission also directs the respondent to provide inspection of the relevant file to the appellant on a mutually decided date and time and provide copies of the relevant documents as per the provisions of the RTI Act. The above directions shall be complied with, within a period of four weeks from the date of receipt of a copy of this order.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (S.C. Sharma) Designated Officer CIC/SB/A/2015/000526 Page 3