Central Information Commission
Mr.L D Chopra vs Ministry Of Home Affairs on 27 June, 2011
Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/SS/A/2011/000228
Name of Appellant : Sh. L. D. Chopra
(The Appellant was present)
Name of Respondent : Delhi Police, North West dist, Ashok Vihar
(Represented by Sh. A. K. Singh, A.DCP
& Sh. Bijender Singh, ASI RTI Cell.)
The matter was heard on : 19.05.2011
ORDER
Sh. L. D. Chopra, the Appellant, filed an RTI application dated 7.08.2010 sought following information:
"A. A certified copy on full scale/legal size of system/relevant circular of Delhi Police when complaint u/s 379 IPC(Theft) is made.
B. A certified copy on full scale/legal size system /relevant circular of Delhi Police when a complaint U/Ss 461 & 462 is made.
C. A certified copy on full scale/legal size of system/relevant circular of Delhi Police when a complaint U/Ss 500, 504 & 506 IPC is made.
D. A certified copy on full scale/legal size of system/relevant circular of Delhi Police when a complaint or prosecution for contempt of Hon'ble Court's verdict on prearrest Bail application awarded u/s 438 of code of criminal procedure, 1973 is made. E. A certified copy on full scale/legal size of system/relevant circular of Delhi Police when a complaint against a police official is made u/s 122 (b)(ii) of Delhi Police Act, 1978 with mention of Competent Authority to trace action with his/her name & designation."
The PIO vide letter dated 8.09.2010 replied to the Appellant which reads: " As per report of all ACPs/SubDivision & I/C Record Branch/NWD, no circular in this regard is available in Record Branch/NWD. However, the RTI application of the applicant is being transferred to PIO/PHQ for further necessary action."
Subsequently the Appellant was apprised vide letter dated 7.10.2010 that as per report received from APIO/Nodal Officer/RTI/PHQ, the action under appropriate section of law is taken as and when any report either cognizable or noncognizable is received under Section 154/155 Cr.P.C.
Not satisfied with the reply of the PIO the Appellant filed an appeal before the First Appellate Authority (FAA). The FAA vide decision dated 22.12.2010 disposed of the matter with the following observations:
"Contentions putforth by the appellant and report of PIO/NW Dist have been considered. The PIO/NWD reported that the information /reply sought by the applicant of his RTI application was provided vide letter No. ID1550/10/2478/RTI Cell/NWD dated 8.09.2010 under the provision of RTI Act2005 and the reply of his application dated 17.09.2010 and PHQ's letter dated 23.09.2010 in respect of his RTI application was provided to the appellant vide this office letter NO. ID529 & 533 (Misc.)/10/2859/RTI Cell / NWD dated 7.10.201 (Copy enclosed). There are no grounds to disagree with the PIO/NWD, hence no relief can be granted to the appellant. The appeal is accordingly disposed of."
However, not satisfied with the reply, the Appellant has filed the present appeal before the Commission.
During the hearing the Appellant submits that satisfactory information has not been furnished by the Respondent. On the other hand the Respondent submit that complete requisite information has already been furnished.
After hearing the Respondent and on perusal of the relevant documents on file the Commission is of the view that requisite information available on record and permissible under the RTI Act has been furnished to the Appellant. No interference is called for on the part of the Commission. The reply of the PIO is upheld.
The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner 27.06.2011 Authenticated true copy (S. Padmanabha) Under Secretary & Dy. Registrar Copy to:
1. Sh. L. D. Chopra Shanti Sadan 219, Indira Vihar Banda Bahadur Marg Mall Road Delhi-110009
2. The Public Information Officer Addl. Dy. Commissioner of Police (I) North-West Dist, Ashok Vihar New Delhi-110052
3. The Appellate Authority Dy. Commissioner of Police North-West Dist.
Ashok Vihar New Delhi-110052