Central Information Commission
Mr.P Desjardin vs Ut Of Pondicherry on 9 June, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/000250
Appellant : Shri P Desjardin
Public Authority : Puducherry Police
(through Shri A. Nandgopal, SP (South))
Date of Hearing : 9.6.2010
Date of Decision : 9.6.2010
FACTS :
The matter is heard today dated 9.6.2010 through video conferencing. Appellant present. The public authority is represented by the officer named above. It is noticed that vide his RTI application dated 10.10.2008, the appellant had wished to know as to whether the police had opened Rowdy History Sheet against him. The CPIO had responded to it vide letter dated 7.11.2008 refuging to disclose this information under clauses (g) & (j) of section 8 (1) of the RTI Act.
2. Hence, the present appeal.
3. Parties are heard through video conferencing. It is the submission of the appellant that due to certain information having been transmitted by the local police to his employer, he lost his job. He, therefore, wishes to know whether there is any Rowdy Sheet opened against him. On the other hand, Shri Nandgopal would plead that disclosure of this information would endanger the life of the appellant and, therefore, this information is exempted from disclosure under clause (g).
DECISION
4. The plea of Shri Nandgopal is misconceived and not based on correct appreciation of law. The appellant is seeking information about himself and not about a third party. It would be incorrect to hold that disclosure of this information to the appellant would endanger his life. In my opinion, neither clause (g) nor (h) is attracted in this case. Hence, the order of CPIO is set aside and he is directed to inform the appellant as to whether a History Sheet/Rowdy Sheet has been opened against him. It is clarified that the documents contained therein need not be disclosed to the appellant.
5. The order of the Commission may be complied with in 03 weeks time.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(D.C. Singh) Under Secretary & Deputy Registrar Address of parties :-
1. Shri A Nandgopal Supdt (North), Puducherry Police, Puducherry
2. Shri P Desjardin No 7, Avoea Chinnathamli Street, 2nd Cross, Padmini Nagar, Kurusukuppam, Puducherry-12