Central Information Commission
Mr.Jagdev Singh vs Ministry Of Home Affairs on 9 April, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2010/001144
Dated: 09.04.2013
Name of Appellant : Shri Jagdev Singh
Name of Respondent : Delhi Police, New Delhi District
Date of Hearing : 22.03.2013
ORDER
Shri Jagdev Singh (now lodged in Central Jail No. 1, Tihar), hereinafter called the appellant, has filed the present appeal dated 19.11.2010 before the Commission against the respondent Delhi Police, New Delhi District for not providing complete and satisfactory information in response to his RTI- application dated 28.7.2010. The appellant was not present whereas the respondent were represented by Shri B.S. Dahiya, ACP/APIO and Shri Krishan Kumar, SI.
2. The appellant, through his RTI application dated 28.7.2010 addressed to the CPIO, PHQ, sought information on the following five queries in respect of Shri Ombir Singh, ASI No. 1506/ND (Now 7679/D): "(1) Kindly inform me about the dismissal order of Shri Ombir Singh; (2) Why he was dismissed; (3) Who took enquiry and the outcome of the enquiry; (4) Copy of enquiry order along with copies of statement of persons who deposed against Shri Ombir Singh; (5) The basis for holding second time enquiry and the outcome of the said enquiry". The CPIO, PHQ vide letter No. 3563 dated 6.8.2010 transferred the RTI application to the CPIO Delhi Police, New Delhi District. The CPIO, New Delhi 2 Case No. CIC/SS/A/2010/001144 District vide letter No. 1947/DIC/NDD dated 6.9.2010 informed the appellant that ASI (Now SI) Ombir Singh No. 1506/ND (Now 7679/D) had not been dismissed from the service of Delhi Police as per available record.
3. Not satisfied with the reply of the CPIO, the appellant filed first appeal on 25.9.2010 before the FAA. The FAA through his order No. 209-10 Appeal/RTI/ NDD dated 25.10.2010 upheld the reply of the CPIO.
4. During the hearing the CPIO submits that any type of punishment etc. awarded to any officials are qualified to be personal information as defined in clause (j) of Section 8(1) of the RTI Act, as held by the Hon'ble Supreme Court of India in SLP (Civil) No. 27734 in the case of Shri Girish Ramchandra Deshpande Vs. Central Information Commission & Others. Moreover, ASI Ombir Singh had already been transferred from New Delhi District and is presently posted in the Special Branch, New Delhi. Moreover, DCP Special Branch has been requested to bring all relevant information/documents vide letter dated 19.3.2013 before the Commission.
5. As held by the Supreme Court of India in the aforementioned case, the information, as sought for by the appellant pertaining to ASI Ombir Singh, is exempted under the provisions of Section 8(1)(j) of the RTI Act, which fall under expression "personal information", the disclosure of which has no relationship to any public activity or public interest. As ASI (now SI) Ombir Singh is presently posted at Special Branch, the Commission hereby directs the CPIO, Delhi Police, Special Branch, to provide present factual position in respect of ASI (now SI) Ombir Singh, to the appellant within two weeks of receipt of this order.
(Sushma Singh) Information Commissioner Authenticated true copy:
3 Case No. CIC/SS/A/2010/001144(K.K. Sharma) OSD & Deputy Registrar 4 Case No. CIC/SS/A/2010/001144 Address of the parties:
Shri Jagdev Singh, S/O Shri Balwinder Singh, Through Superintendent, Central Jail, Tihar, H.S. Ward, C, Jail No. 1, Janakpuri, New Delhi-110064.
The Addl. DCP & CPIO, Delhi Police, New Delhi District, PS: Parliament Street, New Delhi-110001.
The Addl. CP & FAA, Delhi Police, New Delhi District, PS: Parliament Street, New Delhi-110001.
The Addl. DCP & CPIO, Delhi Police, Special Branch, MSO Building, PHQ, I.P. Estate, New Delhi-110002