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Devender Kumar Yati vs Forensic Science Laboratory on 27 January, 2026

                                    के   ीय सूचना आयोग
                          Central Information Commission
                               बाबा गंगनाथ माग,मुिनरका
                           Baba Gangnath Marg, Munirka
                               नई द ली, New Delhi - 110067
ि तीय अपील सं या / Complaint No. CIC/FOSCL/C/2024/129732

 Devender Kumar Yati                                     ...िशकायतकता/Complainant

                                     VERSUS
                                      बनाम

 CPIO:
 Forensic Science Laboratory
 GNCTD                                                       ... ितवादीगण/Respondent

Relevant dates emerging from the complaint:

 RTI : 24.04.2024              FA    : 12.07.2024            Complaint : 12.09.2024
                                                             Hearing : 06.01.2026 &
 CPIO : 13.05.2024             FAO : Not on record
                                                             13.01.2026

Date of Decision: 27.01.2026

                                    CORAM
               Chief Information Commissioner: RAJ KUMAR GOYAL
                                    ORDER

1. The Complainant filed an RTI application dated 24.04.2024 before the CPIO, Forensic Science Laboratory, GNCTD, seeking information as under:

"I am writing to request information pursuant to the Right to Information Act regarding certain matters related to Case FIR No. 14/2014, dated 12.08.2014, under Sections 7/13 of the Prevention of Corruption Act, registered at PS Vigilance, New Delhi.

As per the status report provided by the Investigation Officer, there are pending Voice Samples/Case Property awaiting processing in connection with the aforementioned Page 1 of 5 Complaint No. CIC/FOSCL/C/2024/129732 case. This delay has significantly impeded the progress of the investigation. Additionally, a status report regarding these exhibits/case property was requested by the Hon'ble Court of Ms. Deepali Sharma, Special Judge, Prevention of Corruption Act (ACB-01), Rouse Avenue District Courts, New Delhi, in the matter titled 'Ravi v. State', MISC DJ ASJ No. 292/2024 in which the Next Date of Hearing is 25.04.2024. The Investigation Officer informed the court that a DO Letter has been sent to expedite the Forensic Laboratory Services (FLS) Report from your office. Despite several reminders and DO Letters sent to expedite the FSL Report, it has not been provided to the Investigation Officer.

In light of the above, I am seeking the following information in accordance with the provisions of the RTI Act-2005:

1. How many voice samples have been submitted to your office by the Investigating Officer for FSL analysis?

2. Have FSL reports already been provided for any of the submitted voice samples?

3. What is the current status of the FSL Report of the Voice Samples submitted by the Investigation Officer to your office?

4. What are the reasons for the delay in providing the FSL Report of the Voice Samples?

5. What is the present status of the Voice Samples/Case Property that has been sent again for fresh opinion?

6. If the result is not yet ready, what are the reasons for the delay?

7. Please provide a tentative date/time for the provision of the aforementioned result.

8. Kindly specify the time limit within which a result is expected to be processed and provided by the Forensic Science Laboratory.

9. Please state the reasons for not providing the result on the previously indicated tentative date, i.e., 31.08.2023, informed by your office via letter SFSL(DLH)/9376/PHY(AV)-376/21/P(AV)-409/21 172/HOD dated 02.05.2023.

10. Provide the date of submission of Exhibits/Case Property for fresh opinion in connection with the above FIR to the FSL, along with the subsequent result prepared by your office in the same matters (Voice Section).

11. Please specify the time taken for preparing the result initially in connection with the above FIR."

2. The CPIO provided a reply to the RTI Application vide letter dated 13.05.2024 stating as under:

"Query No. 1. 2, 7 to 8. Information may be sought from concerned Investigating Officer.

Query No. 3. 5 & 11. Case is under examination.

Query no. 4, 6 & 9. Due to huge pendency in Physics (Audio-Video) Unit & various court priorities.

Query no. 10. Date of submission of exhibits/ case property for fresh opinion on 16th September, 2021."

3. Being dissatisfied with the reply provided by the CPIO, the Complainant filed a First Appeal before the First Appellate Authority, Forensic Science Laboratory, GNCTD on 12.07.2024.

4. Aggrieved with the non-receipt of the FAA's order, the Complainant approached the Commission with the instant Complaint dated 12.09.2024.

Hearing Proceedings of 06.01.2026 "5. The Complainant remained absent during the hearing despite due service of notice. On behalf of the Respondent, Dr. Puneet Puri, AD & CPIO attended the hearing in person.

6. The Respondent having filed no advance written submissions and being unable to tender any relevant facts of the case was directed to appear before the bench in person on 13.01.2026. The matter will be taken up on 13.01.2026 at 01.00 pm.

7. Meanwhile, the Respondent is directed to file an advance written submission latest by 12.01.2026 enumerating the facts of the case and incorporating the FAA's order, if any, and in case no FAA order has been passed in the matter, reasons for the same shall also be placed on record vide the advance written submission. The Respondent shall ensure service of a copy of the said advance written submission to the Complainant via email.

8. The Complainant is at liberty to present their case on 13.01.2026 in person or through his/her duly authorized representative and must file an authority letter in case an authorized representative is to attend the hearing. The written submissions and/or authority letter, if any, shall be uploaded on the Commission's website viz., http://dsscic.nic.in/online-link-paper-compliance/add

9. The Complaint is reserved."

Hearing Proceedings of 13.01.2026 & Decision

10. The Complainant remained absent during the hearing despite due service of notice. On behalf of the Respondent, Dr. Puneet Puri, AD & CPIO along with Avinash Srivastava, Asstt. Director, FSL, attended the hearing in person.

11. The Respondent invited the attention of the bench towards the written submissions dated 09.01.2026, filed by the FAA & Director, FSL, as under:

"In this regard, it is to submit that the appellant has filed RTI ID 00018 dated 24.03.2024. On perusal, it is submitted that the reply was provided to the appellant by PIO, FSL vide their letter No. FSLAB/R/2024/00018/1399 dated 13.05.2024.

Further, an appeal was filed on dated 12.06.2024. However, inadvertently the same could not be convened. An unconditional apology on part of this Laboratory is tendered for the same.

It is once again mentioned that the applicant had sought the information related to examination of case FIR No. 14/2014 dated 12.08.2014 PS Vigilance, New Delhi. In this regard, it is to submit that the said case was already reported by this Laboratory on 24.02.2025 and the exhibits along with case reports was collected on 28.02.2025 by authorised police personnel.

Inconvenience caused to the Hon'ble CIC is regretted please."

12. The Commission after adverting to the facts and circumstances of the case, observes that the FAA has acted in contravention of Section 19(6) of the RTI Act and no cogent reason has been stated for the same in the written submissions dated 09.01.2026. Instead, the FAA has evasively stated that the First Appeal "could not be convened" and has simply expressed regret and apology. The FAA is thus found to have abdicated the statutory duty under the RTI Act to decide the instant First Appeal, which renders the channel of First Appeal redundant. The FAA is warned against recurrence of such lapses in the future.

13. A copy of this order be forwarded to the Principal Director, FSL to take note of the adverse findings of the Commission against the FAA, FSL in the instant matter, for appropriate intervention.

14. The Complaint is disposed of accordingly.

Sd/-

(Raj Kumar Goyal) (राज कुमार गोयल) Chief Information Commissioner (मु सूचना आयु ) िदनां क/Date: 27.01.2026 Authenticated true copy Bijendra Kumar (िबज कुमार) Dy. Registrar (उप पं जीयक) 011-26186535 Page 5 of 5 Complaint No. CIC/FOSCL/C/2024/129732 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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