Central Information Commission
M C Sharma vs Delhi Police on 2 June, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/SB/A/2016/000763
F. No.CIC/SB/A/2016/000764
Date of Hearing : 18.05.2017
Date of Decision : 01.06.2017
Appellant/Complainant : Mr. M C Sharma
Respondent : CPIO, Tihar Central Jail
GNCTD
Through:
Ms. Anju Mangla, FAA
Shri R.K. Sharma, PIO
Shri Prashant Dagar, PIO
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
Case No. Filed on PIO reply First appeal FAO
000763 13.01.2016 - 15.02.2016 07.04.2016
000764 22.12.2016 - 25.01.2016 11.03.2016
Since the captioned appeals have been filed by the same appellant and
involve similar queries, they are clubbed for the purpose of adjudication
CIC/SB/A/2016/000763
Information soughtand background of the case:
Vide RTI applications dated 13.01.2016, the appellant sought name, designation and place of present posting of I/C, Guard and the constables who accompanied appellant to Rohtak Court on 06.03.2013. He also sought copy of the proforma and production warrant which was taken by the guard while taking him to Rohtak Court and mode of diet money of Rs. 140/- which was paid on 06.03.2013 & 22.07.2013, while he was taken to Bhiwani Court. Having not received any information from the CPIO, the appellant filed first appeal. The FAA vide order dated 07.04.2016 directed the PIO, CJ-3 to furnish the information on points no. 1 & 3 to the appellant within 07 days. Feeling aggrieved, the appellant approached the Commission. Relevant facts emerging during hearing:
Both the parties are present and heard. The appellant desires to obtain a copy of production warrant issued by the court of Ms. Nidhi Bansal, Judicial Magistrate (Ist Class), Rohtak whereupon he was taken to Rohtak on 06.03.2013 for recording evidence. At the outset, the respondent states that identical queries were made by the appellant which travelled upto this Commission in CIC/VS/A/2015/001527-SA. Attention of the Commission is drawn towards the decision rendered in the aforesaid appeal. The same reads as:
Appellant: Present.
Public Authority: Ms.Sangeeta, Asst.Supdt.
FACTS: The appellant filed RTI Application seeking information regarding procedure carried out by jail authority of Central Jail -03 to take him as convict from jail to the District Court. The CPIO transferred it to Central Jail No. 5, which was upheld by the FAA who directed CPIO of Central Jail - 05 to provide information. Appellant filed second appeal before this Commission.
DECISION: The officer stated that the certified copy was obtained from the Court and copy of the same was provided to the appellant. Disposed of.
In addition the PIO submits that complete information has been furnished to the appellant again after receipt of the present RTI application.
Decision:
After hearing parties and perusal of record, the Commission finds the present appeal to be barred by principles of res judicata. Needless to mention, the PIO has furnished the information on two occasions. No ground for interference is made out.
The appeal is dismissed.
CIC/SB/A/2016/000764 Information sought and background of the case:
Vide RTI applications dated 22.12.2015, the appellant sought certified dates of released convicts, period of Judicial Custody and remission granted to 8 inmates lodged in Central Jail No. 3. He further sought copy of application alongwith documents and recommendations of I/C SMO/RMO that were submitted to the Hon'ble Delhi High Court, New Delhi from CJ-3 through DSLSA for grant of Interim Bail to one Shish Pal Singh. The PIO, CJ-3 denied the information under Section 8(1)(j) of the RTI Act. Dissatisfied with response received from the CPIO, the appellant filed first appeal. The FAA vide order dated 11.03.2016 directed the PIO, CJ-3 to supply dates of release and period of judicial custody of the inmates to the appellant and on rest of the points, upheld the stand taken by the PIO. Feeling aggrieved, the appellant approached the Commission.
Relevant facts emerging during hearing:
Both the parties are present and heard. The appellant states that information on point no. 2 was wrongly held to be exempted under Section 8(1)(j) by the CPIO as well as FAA. He states that no information was received against query no. 1despite the direction of FAA to furnish the same. The PIO undertakes to furnish information on point no. 1.
In order to appreciate the controversy, it would be profitable to refer to query no. 2. The same reads as:
2. Certified copy of application alongwith documents and recommendations report of I/C SMO/RMO that were submitted to the Hon'ble Delhi High Court, New Delhi from the Central Jail No. 3 through Delhi State Legal Services Authority for grant of interim bail to Shish Pal Singh S/o Shri Hosjiar Singh.
The CPIO clarifies that the said Shish Pal Singh never approached Delhi State Legal Services Authority for pursuing his case for grant of bail from Delhi High Court. He clarifies that the aforesaid Shish Pal Singh engaged a private counsel and the public authority or DLSA had no role to play in this context.
Decision:
After hearing the parties and perusal of record, the CPIO is directed to furnish complete information on point no. 1 of the RTI application. In view of the submissions made by the PIO w.r.t. query no 2, the query itself is rendered hypothetical.
The PIO shall comply with the present order within 2 weeks of receipt.
The appeal is disposed of.
(Yashovardhan Azad) 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.
(R.P.Grover) Designated Officer Copy to:-
Superintendent / RTI Cell, Public Information Officer-CJ-05, Tihar Central Jail, Central Tihar Central Jail, Central Jail No.-03, Tihar, New Jail No.-05, Tihar, New Delhi-110064. Delhi-110064.
M C SHARMA First Appellate Authority under RTI House No. : A-12, GIRIRAJ Additional Inspector COLONY, MEHAM ROAD, General-(Prisons), Tihar BHWANI-127021 (HARYANA). Central Jail, Prison Headquarters, Tihar, Janak Puri, New Delhi-110064.
Law Officer - PHQ, Tihar Central Jail, P.H.Q., Tihar, New Delhi-110064.