Central Information Commission
Mr.Om Kawar Singh vs Ministry Of Home Affairs on 15 March, 2011
Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/SS/A/2010/000640
Name of Appellant : Sh. Om Kanwar Singh
(The Appellant was not present)
Name of Respondent : Delhi Police, Crime Branch, Delhi
(Represented by Sh. Sanjay Bhatia,
Addl.DCP, S.I. Satish Kumar, ACP, Zile
Singh and S.I. Satya Parkash)
The matter was heard on : 7.03.2011
ORDER
In the present case the Commission issued a Show Cause Notice dated 4.02.2011 to the PIO, Crime Branch, Delhi Police to show cause why the penalty @ 250 per day should not be imposed on him for not providing the information within the period stipulated under the RTI Act. In response to show cause notice of the Commission the Respondent in his written reply pleads as follows: "With reference to the show cause notice under Section 20(1) of RTI Act, 2005, issued to the undersigned in case No. CIC/SS/A/2010/000640 dated 4.02.2011, I am to humbly submit that Sh. Om Kanwar singh, hereinafter called appellant had filed an application dated 2.03.2010 under RTI Act, 2005 with the then PIO/Crime seeking therein information on 12 different points, which broadly pertains to the investigation of case FIR No. 678 u/s 366 IPC PS/Dabri, New Delhi. Investigation of the referred case is still pending in Anti Kidnapping section of Crime Branch, Delhi. Appellant's referred application was received on 8.03.2010 and as the then PIO/Crime was not the custodial of the information sought, ACP/Anti Kidnapping Section of Crime Branch was served with a copy of appellant's application to furnish a report. ACP/Anti Kidnapping Section vide his report of dated 22.03.2010 recommended to send appellant's referred application to PIO/SouthWest Dist, as the information sought was prima facie found closely related to his office. Agreeing with the recommendations of ACP/Anti Kidnapping Section, the then PIO/Crime informed the appellant vide letter No. 761/PIO/Crime, dated 5.04.2010 for providing the information sought directly to the Appellant under RTI Act, 2005.
But, being dissatisfied with the above decision of the then PIO/Crime, the appellant filed an appeal on 13.04.2010 under RTI Act, 2005 with the then Ist Appellant Authority, Crime, Delhi. His appeal was received on 16.04.2010 and the then Ist Appellate authority, Crime accepted appellant's appeal and (1) briefed accordingly the then PIO/Crime for not transferring appellant's original application within the stipulated period as per section 6(3) of RTI Act, 2005 & (ii) sent a copy of his orders to the Ist Appellate authority, SouthWest District vide his office order F.No. 42/10/85 87/RTI/Appeal/Crime, dated 26.04.2010.
In the meantime, APIO/southWest Dist returned appellant's original application of dated 2.03.201 to the then PIO/Crime vide memo No. 2839 dated 19.04.2010 for taking further necessary action into the matter, as no record pertaining to the referred case is available at PS/Dabri at present. This memo was received in the office of the them PIO/Crime on 20.04.2010 and accordingly this time also, a report was obtained from anti Kidnapping Section of Crime Branch. This time, ACP/AKS arranged to provide a report bearing No. 535/ACP/AKS, dated 28.04.2010 on Point Nos. 1 & 3 to 12 and for Point No. 2, it was required to be provided by SHO/PS/Dabri. Agreeing with the recommendations of ACP/AKS, information sought on Point Nos. 1 & 3to 12 was provided to the appellant vide letter No. 1023/PIO/Crime, dated 28.04.2010 and for Point No. 2, PIO/SouthWest Dist was requested vide endst. No. 1024/PIO/Crime, dated 28.04.2010 to provide the same directly to the appellant under RTI Act, 2005.
Is is also being brought to your kind notice that PIO/SW Dist has also provided the information sought on Point No. 2 directly to the appellant under RTI Act, 2005 under intimation to the then PIO/Crime videNo. 3719 dated 19.05.2010. It is also pertinent to mention here that on appellant's application of dated 13.10.2009, investigation of case FIR No. 678/08 PS/Dabri, New Delhi was transferred to Crime Branch vide PHQ's order No. 3073442/C&T/ACIII/PHQ, dated 16.10.2009.
In view of position explained above, ti seems that there was some confusion and communication gap in the offices of Anti Kidnapping Section of Crime Branch, South West Dist and the then PIO/Crime, due to which there was a little delay in forwarding appellant's original application filed under RTI Act, 2005 to other concerned public authority. There was no intentional delay on the part of the then PIO/Crime has been found. However, I can assure you that utmost care will be taken while dealing with the cases received under RTI Act, 2005.
After hearing the Respondent and on perusal of the aforementioned written submission of the Respondent, the Commission is of the considered view that the PIO acted diligently; without any malafide and there were reasonable causes for the delay in furnishing complete requisite information within the period stipulated under the RTI Act. Therefore, the Commission deems it fit to drop the penalty proceedings against the PIO.
(Sushma Singh) Information Commissioner 15.03.2011 Authenticated true copy (S. Padmanabha) Under Secretary & Dy. Registrar Copy to:
1. Sh. Om Kanwar Singh RZ-62 B Gopal Mandir Road, Dabri Extension East New Deli-110045
2. The Public Information Officer Addl. Dy. Commissioner of Police South-West Dist Sector-19, Dwarka New Delhi
3. The Public Information Officer Addl. Dy. Commissioner of Police South-West Dist 2nd Floor, P.S. Kamla Market Officer Complex New Delhi
4. The Appellate Authority Dy. Commissioner of Police Crime Branch, 10th Floor, PHQ I.P. Estate New Delhi