Central Information Commission
Murugan V vs Ut Of Puducherry on 25 March, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/UTPON/A/2023/653000
Murugan V .....अपीलकता/Appellant
VERSUS
बनाम
CPIO
O/o. the Supdt. Of Police
CID, Dumas Street, Beach Road
Puducherry-605001 .... ितवादीगण /Respondent
Date of Hearing : 18.03.2025
Date of Decision : 24.03.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 06.09.2023
CPIO replied on : 04.10.2023
First appeal filed on : 11.10.2023
First Appellate Authority's order : 31.10.2023
2nd Appeal/Complaint dated : 05.12.2023
Information sought:
The Appellant filed an RTI application dated 06.09.2023 (online) seeking the following information:
1) Kindly furnish the legal action taken by CID PS, in connection with the my criminal complaint dt 23-10-2021 & 30-10-2021 lodged to CID PS, Puducherry against retd. Inspector Thangamani and Malarviji for "Non-
appearance before the PoP enquiry even after issue of many summons for years" for which such details was not informed/furnished to me by SHO, CID PS so far.
2) Kindly furnish the following details in connection with case in Cr.No- 09/2014 u/s 417 r/w 376, 420, 354-A, 506(1) IPC and 66-A of IT act 2000 r/w 34 IPC @ 354(A), 506(i) IPC dt 04-08- 2014 of CID PS, Puducherry Page 1 of 7 now pending trail before the hon'ble JM-II court, Puducherry which was not available clearly in the charge sheet report i.e accused free copy furnished to me.
a) How many summons was issued to the complainant Malarviji D/o Mahalingam, Puducherry for her appearance before the IO after recording her first and second statement or after Dec 2014 directly or through post for her appearance before the enquiry officer? Furnish the details of date of summon issued. Also if appeared whether she was enquired and statement was recorded and if so furnish a copy?
b) In the alteration report dt. 17-03-2016 submitted by CID to hon'ble JM-II trail court, Puducherry in page No-5 10 stated that "However investigation reveals that after the de-facto complainant had divorced her (first) husband Vijayabaskar she had married the said Arun S/o Adhikesavan on 25-04-2011" in which CID not submitted the "divorce copy" of Malarviji & first husband Vijayabaskar nor submitted any other details about this divorce matter such as divorce case No, year, name of the court etc ? Hence kindly furnish the copy and details of the same?
3) Kindly furnish the following details in connection with my petition dt 21-03-2023 addressed to SP(CID) regarding my complaint dt 10-03-2023 lodged to SHO, CID PS along with criminal complaint dt 05-07-2019 addressed to Hon'ble Chief secretary cum Chief vigilance officer, Puducherry against the accused persons retd. inspector Thangamani, (Kalyanarani) Malarviji D/o Mahalingam, Govindasalai, Puducherry and other higher police officials of Puducherry.
A) Name of the officer making enquiry and what is the legal action taken on the same? Whether the same was informed to Hon'ble trail court, Puducherry?
B) So far how many summons was issued to the accused persons retd. inspector Thangamani, Malarviji D/o Mahalingam, Puducherry or her family members / husbands directly or through post for enquiry? Furnish the details of date of summon issued?
C) Whether retd. inspector Thangamani and Malarviji or her family members/ husbands. appeared for enquiry? If so whether they was enquired and statement was recorded and so, furnish a copy?
Page 2 of 7D) If retd. inspector Thangamani and Malarviji or her family members did not appeared/ not co-operated for enquiry after due summon? what is the legal action taken on the same or whether intimated to hon'ble court of Puducherry? If not intimated furnish the reason for the same?
E) What is the legal action have to be taken by police as per IPC or any other act in force, if the summoned person failed / refused to attend for enquiry?
F) What is the status of the same? If not disposed till date, furnish the reason for the same and when it will be disposed?
G) Whether the CID police verified the records of Andhra, Nellore court to ascertain the fact about Malarviji got divorse from (first) husband Vijayabaskar at Nellore court, as per her FIR/complaint and statements submitted to hon'ble JM-II trail court, Puducherry which was one of her false information furnished by both Malarviji and IO retd. Inspector Thangamani.? If verified furnish the copy and details of the same? If not verified the records of Andhra, Nellore court furnish the reason for the same and When it will be verified and submitted to trail court?
4) Kindly furnish details in connection with SLP petition vide No- SLP(Crl) No. 011685/ 2022 dt 30-11-2022 and diary No-26337/2022 dt 23-08- 2022 filed by Malarvizhi or Malarviji D/o Mahalingam before the Hon'ble supreme court of India.
A) Furnish the copy of counter report filed by CID police before the Hon'ble supreme court of India or through its any other Govt pleader for Puducherry.
B) Whether my above said complaints and nature of allegations (lodged against police officials and Malarviji) lodged to CID PS or PoP was intimated to the Hon'ble supreme court of India or through its any other Govt. pleader for Puducherry.
The CPIO furnished a reply to the Appellant on 04.10.2023 stating as under:
1. The enquiry report was submitted to the senior formation vide No. 627/CBCID/OW/2023 dated 20.07.2023
2. The requisite information could not be furnished U/s 8(1)(h) of the RTI Act 2005 since the case is pending trial before the Hon'ble JM-II Court, Puducherry.Page 3 of 7
3.(a,b,c,d,e,f,g) : The enquiry report was submitted to the senior formation vide No.627/CBCID/OW/2023 dated: 20.07.2023.
For further details may may approach the SHO, CBCID PS, Puducherry in person during office hours within a week on receipt of this reply.
4. (a,b). The requisite information could not be furnished U/s 8(1)(h) of the RTI Act 2005 since the case is pending trial before the Hon'ble JM-II Court, Puducherry.
Being dissatisfied, the appellant filed a First Appeal dated 11.10.2023. The FAA vide its order dated 31.10.2023, held as under.
"On perusal of records of Public Information Officer, it is noticed that the PIO's reply is in order and he acted upon Law. Therefore, the information sought by the appellant could not be furnished as per sec 8(1)(h) of the RTI Act, 2005. However for further details, the appellant may approach the SHO, CBCID PS, Puducherry in person during office hours within a week on receipt of this reply".
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Shri Chinta Kodandaram, PPS/Supdt. of Police & PIO present through Video-Conference.
Written submissions of the Respondent are taken on record and the relevant extracts of the same is reproduced hereinbelow:
"4. It is further submitted that the appellant Shri. Murugan, is the accused in Cr.
No.09/2014 U/s 417 IPC r/w 376, 420, 354-A, 506 (I) IPC and 66-A of IT Act 2000 r/w 34 IPC @ 354 (A), 506 (i) IPC dt.04.08.2014 of CID PS, Puducherry. The said case was pending trial before the Hon'ble JM-II Court, Puducherry at that time. In connection with the said case, the appellant Shri. Murugan has sent number of petitions/complaints and RTIs, instead of approaching the Hon'ble trial Court.
Page 4 of 75. It is further submitted that the enquiry report on the said petitions/complaints of the appellant were enquired and report submitted to the Senior formation. During the said process, the petitioner has filed RTI application dt.06.09.2023 seeking information on the enquiry conducted on his petitions/complaints in Sl. No.1 & 3 in Annexure-A and so it was replied that the enquiry report was submitted to the Senior formation vide No.627/CBCID/OW/2023, dated: 20.07.2023 for Sl. No. 1 & 3. Further, the petitioner asked information in Sl. No.2 in connection with the above said criminal case in Cr. No.09/2014. Since the said case was pending trial at that time, the said information was denied U/s 8 (1) (h) of RTI, Act 2005".
6. It is further submitted that the complainant Malarviji of the above said criminal case (Cr. No.09/2014) has filed a Petition before the Hon'ble Supreme Court of India for further investigation in the said criminal case. Subsequently, the same was ordered vide Criminal Appeal No.562 of 2024 (arising out of SLP (Criminal) No.11685/2022), dt. 02.02.2024 (Annexure- C), the same is extracted hereunder:-
"12............the investigation agency is directed to hold further investigation to find out whether or not offences under sections 376, 417 and 420 of IPS are made out against respondent No.2 (appellant herein).
"13. Owing to the status of the accused, the State of Pondicherry is directed to constitute a special Investigation Team to be headed by a directly recruited woman IPS officer along with two officers in the rank of DYSP and Inspector of Police".
7. On 17.02.2025, the appellant filed another RTI application (Annexure-B) seeking similar information as asked in Sl. No.3 of Annexure-A. In this RTI application, he also sought information regarding the investigation conducted by the Special Investigation Team in hypothetical/interrogative questions. On 14.03.2025, reply was sent to the appellant (Annexure-D) through post, stating that "the enquiry port (No.627/CBCID/OW/2023 similarly requested by the appellant in Annexure-A) would be provided upon the prescribed payment under the RTI Act.
8. In view of the above, it is submitted that the appellant Shri. V. Murugan, has sought information related to the said criminal case and his petitions/complaints, through RTI applications. Despite the information being largely hypothetical/interrogative or related to matters under investigation, appropriate responses/replies have been provided in compliance with the provisions of the RTI Act, 2005.
Page 5 of 79. Further, it is submitted that the said criminal case is investigating by the Special Investigation Team (SIT) under one Women IPS Officer along with two officers in the rank of DYSP and Inspector of Police as ordered by the Hon'ble Supreme court of India. Hence, disclosure of information related to the said criminal case (Sl. No.2 in Annexure-A) may affect the fairness of the investigation as well as judicial proceedings. Further, the information asked in Sl. No.1 & 3 of Annexure-A is similar to the information asked in Sl.No.1 of Annexure-B (ie., enquiry report vide No.627/CBCID/OW/2023) and the same will be provided to the appellant upon the receipt of prescribed payment under the RTI Act.
10. Therefore, the appellant's request for the information sought in this second appeal is respectfully submitted for your kind consideration, in accordance with the relevant legal provisions."
The Respondent while defending their case inter alia submitted that vide their letter dated 04.10.2023, factual position in the matter has already been informed to the Appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, observes that the Appellant is aggrieved that information has not been provided to him by the Respondent within stipulated period as per the provisions of the RTI Act. On the other hand, the Respondent contended that reply was given to the Appellant within time limit as per RTI Act wherein complete factual position was informed to the Appellant.
Further, the Respondent, now at the stage of the second appeal and after the hearing is over, has placed on record a revised reply in the form of written submissions before the Commission which in view of the Commission is an adequate response to the RTI application.
Further, the said written submissions of the Respondent are being treated as an updated reply to the instant RTI application, which the Respondent has already shared with the Appellant.Page 6 of 7
Further, the Appellant is not present to contest the submissions of the Respondent or to substantiate his claims further. However, if he so wishes, he may obtain the information from the Respondent on payment of requisite fees as stated by the Respondent in their written submissions.
No further intervention of the Commission is warranted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स"ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
FAA O/o. the SSP, Crime and Intelligence Dumas Street, Beach Road Puducherry-605001 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)