Central Information Commission
Sh. Ratan Rai vs P.S. Rajouri Garden, Delhi on 19 November, 2009
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/ WB/A/2009/000026/SS dated 9.09.2008
Right to Information Act 2005 - Section 19
Name of the Appellant : Sh. Ratan Rai, Delhi
Name of the Public Authority : P.S. Rajouri Garden, Delhi
Background
An RTI request dated 3.04.2008, was filed by Sh. Ratan Rai, regarding complaint case, Smt. Ritu Rai Vs. Sh. Ratan Rai, the enquiry of which was closed on 14.03.2008. The appellant requested a copy of the complaint of Smt. Ritu, statement of both the parties recorded on various dates and complete proceedings from beginning to end. The CPIO, DCP, West-Dist. through his reply dated 17.04.2008, has denied providing the information / documents to the appellant under Section 8(g) (h) of the RTI Act, 2005, on grounds that the complaint was made by a lady victim and is a Potential FIR. The enquiry can be reopened at any time and that the complaint is a document of prosecution. Hence, it cannot be given to anybody, including the respondent without the permission of the judiciary. The CPIO has stated that Smt. Ritu has strongly opposed disclosure of the information to the complainant. The appellant approached the First Appellate Authority (FAA) through application dated 24.04.2008. The FAA through an order dated 12.05.2008, has upheld the decision of the CPIO and discussed the appeal. The Appellant has thereafter approached the Commission with a second appeal.
2. The matter was heard on 19.11.2009.
3. The appellant was not present for the hearing.
4. Smt. Suman Bala, Ins-CAW Cell/West and Sh. Prabhat Kumar, S.I. I/C RTI Cell/West represented the respondent.
Decision Keeping in view peculiar facts and circumstances of the present case, the Commission upholds the decision of the CPIO and the FAA.
The matter is disposed off accordingly.
(Sushma Singh) Information Commissioner 19.11.2009 CIC/ WB/A/2009/000026/SS Authenticated true copy:
(P.C. Purkait) S.O. & Asst. Registrar Copy to:
1. Sh. Sharad Agarwal Dy. Commissioner of Police 1st Floor, P.S. Rajouri Garden West Dist.
Delhi
2. Sh. Rajesh Kumar Jt. Commissioner of Police Southern Range New Delhi
3. Sh. Ratan Rai, S/o Lt. Sh. Gulsan Rai C/o Sh. Naresh Gambhir D/1177/00 Ch. No. 39, Western Wing Tis Hazari Court Delhi