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Central Information Commission

Wadgawe Prashant Ashokro vs Ministry Of Home Affairs on 27 July, 2022

                                 के   ीय सूचना आयोग
                        Central Information Commission
                             बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                         नई द ली,
                               ली New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/MHOME/A/2021/698622

Shri Prashant Ashokrao Wadgawe                                ...   अपीलकता /Appellant
                             VERSUS/बनाम

PIO, US, Ministry of Home Affairs                        ...   ितवादीगण /Respondent
Through: Shri B L Meena -

Date of Hearing                        :   27.07.2022
Date of Decision                       :   27.07.2022
Chief Information Commissioner         :   Shri Y. K. Sinha

Relevant facts emerging from appeal:

RTI application filed on               :   11.11.2020
PIO replied on                         :   17.11.2020
First Appeal filed on                  :   17.11.2020
First Appellate Order on               :   11.12.2020
2ndAppeal/complaint received on        :   31.12.2020
Information sought

and background of the case:

The Appellant filed an RTI application dated 11.11.2020 seeking information on the following point:-
Please provide the detailed information about action taken on my complaint about hacked my email account [email protected] on dt. 3 August 2019 with registration number 14572 on cyber crime reporting portal i.e. National Cyber Crime Reporting Portal along with norms, rules, regulations. Screenshot attached for your ready reference.
The PIO vide online reply dated 17.11.2020 responded as under:-
Police and Public Order are States subjects as per seventh schedule of the Constitution of India and States are responsible for prevention, detection and investigation of such crime through their law enforcement machinery. Incidents reported on the National Cyber Crime Reporting Portal are dealt by respective States/UTs based on information furnished by the applicants in the incident report. Complainants, who reported such incident, can use Report & Track option on the National Cyber Crime Reporting Portal and view the status of action taken on incidents reported by logging in to the portal with the mobile number/credential used to report the incident. Complainants may contact the respective State Nodal Officer or Page 1 of 2 Grievance Officer if the response has not been appropriate. Details of Nodal Officer and Grievance Officer of States/UTs are available under Contact Us TAB on home page of National Cyber Crime Reporting Portal.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.11.2020. The FAA/Jt. Secretary (CIS) vide order dated 11.12.2020 upheld the reply of the CPIO.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission dated 26.07.2022 has been received from CPIO, MHA reiterating the above facts.
Hearing was scheduled through video conference after giving prior notice to both the parties. Respondent alone attended the hearing through video conference, while the Appellant remained absent and has not communicated the cause of absence to the Commission. The Respondent present for hearing stated that as soon as complaints regarding cyber crimes are filed on the National Cyber Crime Reporting Portal, without any human intervention, the matter is automatically transferred to the concerned State authorities. Accordingly, the Appellant was informed by the PIO's reply.
Decision:
Perusal of records of the instant appeal reveals that action as mandated under the Act has been undertaken and the Appellant has been informed accordingly. The Appellant has not participated in the hearing to substantiate the ground for filing of this appeal. In the given circumstances, no further action is deemed necessary in this case.
The appeal is disposed off as such.
Y. K. Sinha (वाई.
वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 2 of 2