Central Information Commission
Kapil Goel vs Delhi Police on 9 June, 2021
केन्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईनिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2019/639866
CIC/DEPOL/A/2019/642751
Shri Kapil Goel ... अपीलकताा /Appellant
VERSUS/बनाम
PIO, Delhi Police, South-West District, ...प्रद्वतवादीगण /Respondent
Vasant Vihar, New Delhi
Through: ACP Dharamvir Singh and Inspector
Ram Singh Meena
Date of Hearing : 09.06.2021
Date of Decision : 09.06.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
639866 08.01.2019 06.02.2019 19.02.2019 09.04.2019 05.05.2019
642751 10.02.2019 06.03.2019 09.03.2019 03.05.2019 08.06.2019
Information soughtand background of the case:
(1) CIC/DEPOL/A/2019/639866 The Appellant filed an RTI application dated 08.01.2019 seeking information on the following 06 points:-
(1) Kindly share the action taken report of DD No. 76A, dated 18.11.2018 (2) Kindly share the copy of Kalandra U/s 145 of CrPC prepared and filed with SDM as mentioned in the entry DD No. 76A, dated 18.11.2018 Page 1 of 5 (3) Kindly share the date and mode of delivery of Kalandra U/s 145 of CrPC prepared and filed with SDM as mentioned in the entry DD No. 76A, dated 18.11.2018. Kindly share the POD of the same.
(4) Kindly share the number of calls made by Sh. Kapil Goel on 100 number from his mobile number 9818861629 between 11.30 pm on 22.11.2018 to 2 am on 23.11.2018. Kindly share the name of officers to whom these calls assigned. Kindly share the copy of DD entry of all these calls. Kindly share the name of officer who has been assigned these call and action taken report submitted for these calls.
(5) Kindly share the number of calls made by Smt. Poonam Goel on 100 number from her mobile number 9717416945 between 11.30 pm on 22.11.2018 to 11.30 am on 23.11.2018. Kindly share the name of officers to whom these calls assigned. Kindly share the copy of DD entry of all these calls. Kindly share the name of officer who has been assigned these call and action taken report submitted for these calls.
(6) Kindly share the number of calls made by Sh.Rajeshwar Kumar Goel on 100 number from mobile number 9625000742 between 11.30 pm on 22.11.2018 to 2 pm on 23.11.2018. Kindly share the name of officers to whom these calls assigned. Kindly share the copy of DD entry of all these calls. Kindly share the name of officer who has been assigned these call and action taken report submitted for these calls. Queries reproduced verbatim The CPIO/ADCP-I, South West District vide letter dated 05.02.2019 furnished a copy of the General Diary and replied as under:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.02.2019. The FAA/DCP, SWD vide order dated 09.04.2019 directed the CPIO/SWD to reconsider the RTI request and provide a comprehensive point-wise information to the Appellant within 03 days.
In compliance of the FAA's order, the CPIO/ADCP-I vide letter dated 29.04.2019 intimated that as per report received from ACP/Sub Div./Delhi Cantt/SWD-the Page 2 of 5 kalandra u/s 145 CrPC DD No. 76A dated 18.11.2018 has been submitted in SDM Dwarka vide dispatch dated 24.11.2018.
A copy of the kalandra is found attached with the Second Appeal.
The Appellant approached the Commission with the instant Second Appeal even though he states that he is satisfied with the reply received from the Respondent against his queries 4 to 6.
(2) CIC/DEPOL/A/2019/642751 The Appellant filed an RTI application dated 10.02.2019 seeking information on the following 02 points:-
Question 1: Why our separate FIR has not been done on the complaint no. 08171057071900007 (dated 28.01.2019), 08171057071900004 (dated 14.01.2019) filed through CCTNS. Why any response so far has not been provided to the complainant so far. Please provide action taken report on our complaint. This complaint is separate from FIR 0485/2018 done earlier.
We request to the authorities not to let Inspector/ SHO Surendra Kumar (Palam Village police station) to close our complaint. Their is clear instructions from the Constitution Bench of the Supreme Court in Lalita Kumari vs. Govt. of U.P W.P.(Crl) No 68/2008 and Honorable court held that registration of First Information Report is mandatory under Section 154 of the Code of Criminal Procedure Question 2: Please provide action taken report on our complaint no. 00000801051900069 and 00000801051900066 dated 26.01.2019. We request you to provide the name and contact number of the IO assigned to our case.
Queries reproduced verbatim The CPIO /ADCP-II, South West District vide letter dated 06.03.2019 furnished the report as received from the ACP/Sub. Div./Delhi Cantt./SWE as under:-
Page 3 of 5Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 09.03.2019. The FAA/DCP, SWD vide order dated 03.05.2019 directed the CPIO/SWD to reconsider the RTI request and comprehensive point- wise information be provided to the Appellant within 03 days.
In compliance of the FAA's order, the CPIO/ADCP-I vide letter dated 24.05.2019 furnished the information as available on record, enclosing a copy of the enquiry report which led to the closure of the case. The enquiry report furnished by the PIO/ADCP-II, South West District is self explanatory as such.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties. The notice of hearing was delivered to the Appellant on 27.05.2021 as per postal records, yet he was not available on the telephone number mentioned in the Second Appeal. The Respondent participated in the hearing through audio conference and submitted that the case originates from a family feud regarding ownership of a particular plot of land bearing no. C-22/7, Khasra No. 68/5/1 Gali No. 9, Sadh Nagar, Palam Colony, New Delhi. Complaints and counter complaints have been registered and upon completion of investigation of the respective FIRs, chargesheet will be filed in the Court. The Respondent further averred that in response to the Appellant's queries, whatever information was available in their records, the same has already been provided to the Appellant and the Respondents will provide any further information, in case the Appellant seeks any further update.Page 4 of 5
Decision:
Since the Appellant had not sent any advance intimation of his non availability today, despite service of hearing notice, hence, the matter is decided on the basis of records of the Second Appeal. It is noted that the Respondent has disclosed information as available in their custody, in response to the Appellant's queries, in the form of the kalandra and the enquiry report based on the Appellant's complaint. In the absence of the Appellant, it cannot be ascertained as to what further information had been sought by him and the ground for filing the aforementioned Appeals.
In the given circumstances, the Commission is of the considered opinion that no further adjudication is warranted in the above appeals.
The appeals are disposed off accordingly.
Y. K. Sinha (वाई. के. नसन्हा) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्विटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 of 5