Central Information Commission
Athar Pervez vs Delhi Police on 13 May, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2017/152195
Athar Pervez ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, O/o Addl. Deputy ...प्रनतवािीगण /Respondents
Commissioner of Police, Delhi
Police, South East District, New
Delhi.
Relevant dates emerging from the appeal:
RTI : 11.04.2017 FA : 19.05.2017 SA : 22.07.2017
Hearing :
CPIO : 12.05.2017 FAO : 09.06.2017
02.04.2019/09.05.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Deputy Commissioner of Police, Police Hqrs., New Delhi, seeking information on two points pertaining to DD No. 87B, dated 21.08.2013, P.S. New Friends Colony, Page 1 of 4 including, inter-alia, (i) a certified copy of the report of ASI Devender submitted after returning from the spot where quarrel took place, and (ii) a certified copy of the report submitted after the investigation, if any, in respect of DD No. 87B.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO has not provided a copy of the Inquiry Report submitted by ASI Devender after returning from the spot where a quarrel took place. Further, the FAA vide order dated 09.06.2017 denied the report under Section 8(1)(e) & (j) of the RTI Act even when similar information sought vide point no. 1 of the RTI application relating to DD No. 87B has been provided to him. The appellant requested the Commission to direct the CPIO to urgently provide the information sought for and to impose penalty upon the respondent.
Hearing:
3. The appellant was not present. The respondent Shri Jagdish Yadav, ACP (New Friends Colony), South East District, Delhi Police, Delhi was present in person.
Interim Decision:
4. The Commission, notes that the Notice of Hearing issued to the appellant has been returned undelivered. Shri Rajesh Chauhan, Jail Superintendent, Tihar Jail, New Delhi was contacted telephonically and he informed the Commission that the appellant has been 'Bailed Out' and hence his mailing address has since been changed. In view of this, in the interest of justice, the matter is adjourned to Page 2 of 4 09.05.2019 at 01.20 PM. The Commission further directs the Registry of this Bench to issue a fresh notice to both the parties in the matter.
Hearing on 09.05.2019:
5. The appellant was not present. The respondent Shri Jagdish Yadav, ACP (New Friends Colony), South East District, Delhi Police, Delhi was present in person.
6. The respondent submitted that the appellant had sought a copy of the investigation report pertaining to DD No. 87B, dated 21.08.2013, P.S. New Friends Colony. The respondent further submitted that the appellant was informed vide letter dated 12.05.2017 that one PCR call vide DD no. 87-B was received on 21.08.2013 regarding a quarrel. However, the SI concerned who had responded to the call, reported that there was no quarrel. Hence, no further enquiry was conducted in the matter. Thus, the question of providing a copy of the inquiry report does not arise. The appellant was, therefore, informed that the information may be treated a 'Nil'.
Decision:
7. The Commission, after hearing the submissions of the respondent and perusing the records, observes that due information has been provided to the appellant by the respondent. Hence, no further intervention of the Commission is required in the matter.
8. With the above observations, the appeal is disposed of.Page 3 of 4
9. Copy of the interim decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 10.05.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) R. Sitarama Murthy (आर. सीतारम मूती) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:
1. The First Appellate Authority (FAA) O/o Addl. Dy. Commissioner of Police, Delhi Police, South East District, New Delhi.
2. The Central Public Information Officer (CPIO) O/o Addl. Dy. Commissioner of Police, Delhi Police, South East District, New Delhi.
3. Shri Athar Pervez Page 4 of 4