Central Information Commission
Mr.Rakesh Kumar vs Ministry Of Home Affairs on 28 November, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/002262
November 28, 2013
Appellant : Shri Rakesh Kumar
Respondents : Delhi Police (Headquarters)
Date of Hearing : 19.11.2013
ORDER
The Commission through its order dated 30.07.2013 had directed that show cause notice be separately issued to both the CPIOs (present and former) Shri Mangesh Kashyap and Shri K.K. Vyas asking them why penalty u/s 20 (1) of the RTI Act should not be imposed upon them for prima facie delaying/obstructing the supply of information to the Appellant by transferring his RTI application to the CPIOs, who were not concerned with the same. The present CPIO was also directed to provide to the Appellant information/reply in respect of remaining points (which have not been answered by other districts) of his RTI application.
2. A show cause notice dated 30.07.2013 was accordingly issued to Shri Mangesh Kashyap, the then CPIO and Shri K.K Vyas, the present CPIO.
3. Shri Mangesh Kashyap, Additional Deputy Commissioner of Police and the then CPIO accordingly submitted his reply (to show cause notice) to the Commission vide letter dated 12.08.2013. In this reply, he, interalia, explained that "the RTI applications CIC/SS/A/2012/002262 Page 1 of 6 2 were instantly marked/sent to the All Districts as well as Licensing Unit of Delhi Police by the concerned staff of RTI Cell as in point No. 8, the appellant had sought information/documents regarding special planning, special instructions to fulfill the demand/need of all crackers for the residents of Delhi made by Delhi Police/Government of India/MHA where no road is notified under MPD2021 or the roads having mix land use, where no license of sale of crackers [permanent & temporary license] i.e. w.e.f. starting two days before Dusshera and shall continue upto two days after Diwali was issued in respect of all Districts of Delhi. It is pertinent to mention here that SO No. Lic.1. (previous SO No. 75) i.e. Grant of Temporary Fireworks Licensing during the festive season) [Copy enclosed] enunciated that "all the powers vested in the District Authority as mentioned in the Explosive Act, 1884, and the Explosive Rules, 1983, and the Explosive Rules, 2008 can be exercised by the Commissioner of Police, Delhi (which in case of temporary fireworks, have been delegated to District DCsP vide order No. 19881 980/Addl. CP/Lic (Explosive) Delhi dated 2.7.2008). Therefore the temporary fireworks licenses shall be granted by the concerned District DCsP before the start of festive season every year. The period of such license shall be 24 days, that is, starting two days before Dusshera and shall continue up to two days after Diwali. Accordingly, concerned staff of RTI Cell/PHQ has analyzed the matter and transferred the RTI application to all District's PIOs for providing maximum information to the appellant and there was no malafide intention on the part of PIO/PHQ for delaying/ obstructing the disclosure of information to the appellant at any stage...." He also mentioned that they have take note of the orders of the Commission and directed the concerned police officers of RTI Cell/PHQ to be more cautious while transferring RTI application to other PIOs of Delhi Police. He also mentioned that Shri K.K. Vyas, (another noticee) has since been relieved on transfer and explained on his behalf that since Shri Vyas was given various assignment in relation to visit of Lt. Governor of Delhi Shri Najib Jang on 22.07.2013, he could not attend the Commission's hearing on 18.07.2013. 2
4. The matter was then heard on 19.11.2013 in the presence of Shri Harendra K. Singh, DCP, HQ & present CPIO and Shri Mangesh Kashyap, Addl. DCP/EOW & the then CPIO.
5. During the hearing, Shri Kashyap, while reiterating his submission/explanation which he has given in his reply to show cause notice mentioned hereinabove, informs the Commission that complete reply along with copies of supporting documents has been furnished to the Appellant by letter dated 12.08.2013.
6. On consideration of the submissions above and on perusal of records, the Commission sees no deliberate attempt on the part of the notices to delay or obstruct the supply of information to the Appellant. However, the then CPIO (Shri Kashyap) could have taken more care before transferring the RTI application to the other PIOs. The correct holder(s) of information should have first been identified and the RTI application should have been transferred to him/them. The present CPIO (Shri Vyas) should have also, instead of simply forwarding the Commission's notice for hearing to all district units should have taken note of their reply that information did not pertain to them. Both the then CPIO, Shri Mangesh Kashyap and the present CPIO, Shri K.K. Vyas should be more careful in future. However, since there was no willful attempt on the part of theses CPIOs (viz., Shri Mangesh Kashyap and Shri K.K. Vyas) to cause any delay in providing the information to the Appellant, the penalty proceedings initiated against them are hereby dropped.
7. Case is accordingly closed.
(Sushma Singh) CIC/SS/A/2012/002262 Page 3 of 6 4 Information Commissioner 4 Authenticated by (K.K. Sharma) Deputy Registrar Address to the parties:
1. Shri Rakesh Kumar G27, Budh Vihar PhaseI Delhi 110086
2. The Central Public Information Officer & Deputy Commissioner of Police Establishment Branch Delhi Police Headquarters MSO Building, 6th Floor I.P. Estate New Delhi
3. The Appellate Authority & Joint Commissioner of Police Delhi Police Headquarters MSO Building, 6th Floor I.P. Estate New Delhi
4. Shri Mangesh Kashyap Addl. DCP (EOW) Delhi Police Headquarters MSO Building ITO New Delhi
5. Shri K.K. Vyas DCP (HQ) CIC/SS/A/2012/002262 Page 5 of 6 6 Delhi Police Headquarters MSO Building, 6th Floor I.P. Estate New Delhi 6