Central Information Commission
Ashok Golas vs Delhi Police on 10 October, 2022
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली,
ली New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/DEPOL/A/2021/614349
CIC/DEPOL/A/2021/614496
CIC/DEPOL/A/2021/645744
CIC/DEPOL/A/2021/647247
CIC/DEPOL/A/2021/648354
CIC/DEPOL/A/2021/146216
CIC/DEPOL/A/2021/645458
Shri Ashok Golas ... अपीलकता /Appellant
VERSUS/बनाम
PIO ... ितवादीगण /Respondent
South East District, Delhi Police
Date of Hearing : 07.10.2022
Date of Decision : 10.10.2022
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 dated
614349 14.11.2020 22.12.2020 23.01.2021 22.02.2021 18.04.2021
614496 14.11.2020 15.12.2020 22.01.2021 18.02.2021 19.04.2021
645744 19.04.2021 20.05.2021 17.06.2021 24.07.2021 28.09.2021
647247 19.04.2021 20.05.2021 14.06.2021 13.07.2021 06.10.2021
648354 19.04.2021 18.05.2021 16.06.2021 13.07.2021 13.10.2021
146216 21.04.2021 20.05.2021 14.06.2021 13.07.2021 28.10.2021
645458 20.04.2021 20.05.2021 14.06.2021 30.06.2021 27.09.2021
Information soughtand background of the case:
(1) CIC/DEPOL/A/2021/614349 The Appellant filed an RTI application dated 14.11.2020 seeking information on following 08 points:-
Background: My complaint to the DCP, South East District submitted on 14.8.2020 through his PRO and which was also discussed by the DCP in the presence of the SHO, Amar Colony on 17.8.2020 for theft of my water service pipeline, threat to life, criminal intimidation, trespass & physical assault was trivialized by the SHO & ACP vide their report no. 189- Page 1 of 13
TC/SHO/AC dated 24.8.2020 which has probably not put up the DCP. A copy of this report is uploaded with this RTI request for ready reference.
2. Following information is requested under RTI Act, 2005 for seeking documentary evidence on which this report containing prima facie false statements has been recorded:
a) Certified copy of many complaints made by Mr. Siddhartha and Siddharthas son against me as claimed by the SHO in his report.
b) Certified copy of evidence of water leakage in form of statements, photographs etc. as claimed by the SHO in his report
c) Certified copy of the evidence recorded/collected which resulted in inference of theft charge not substantiated specially when the accused themselves accepted that they removed the water pipeline without my consent and the plumber accepting having carried out the work under the instructions of Siddhartha.
d) Certified copy of the statement by RWA President recorded by the SHO.
e) Certified copy of the document on the basis of which the ACP/SED recorded that matter has been settled amicably by the complainant.
f) Certified copy of the orders recorded by the DCP/SED on this report.
f) Certified copy of the government order to Police to shield retired I.A.S. officers and their relatives when they indulge in criminal activities.
g) As provided under section 2(j) of the RTI Act, I may be advised the date & time when I can be allowed to inspect the files & other records relating to processing of my complaint to the DCP, South East District with a view to take notes, extracts and certified copies of the relevant portion of files/documents/records.
The CPIO /DCP, South-East District vide letter dated 22.12.2020 replied as under:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.01.2021. The FAA/DCP, South-East District vide order dated Page 2 of 13 22.02.2021 furnished the fresh copy of report provided by the ACP/Kalkaji as under:-
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the Appellant dated 10.09.2022 which has been taken on record A written submission was also received from the PIO cum Addl DCP, South-East District vide letter dated 15.09.2022 wherein the replies available on record were reiterated.
(2) CIC/DEPOL/A/2021/614496 The Appellant filed an RTI application dated14.11.2020 seeking information on following 10 points:-
Background: My complaint to the SHO, Amar Colony Police Station on 18.7.2020 vide CCTNS 930/2020 for removal of a CCTV installed illegally on the wall of my building by Mr. Sidhartha r/o 99-A Mount Kailash, New Delhi-110065 was cryptically dismissed vide a report dated 20.20.2020 by SI Sachin. A copy of this complaint along with dismissal report are uploaded with this RTI request for ready reference.
2. Following information is requested under RTI Act, 2005:Page 3 of 13
a) Certified copy of names of the families along with flat numbers which are served by this CCTV for their safety & security.
b) Authority under which an individual can trespass others property for installation of surveillance CCTV.
c) Certified copy of the inspection report that discloses that nails have not damaged the wall.
d) Size of nails that are permitted for installation on others property after trespassing the property.
e) Date on which SI Sachin met the accused Sidhartha and owner of Flat no.
100.
f) Provision of CrPC/IPC that provides for only meeting the accused and not the complainant for determining action to be taken.
g) Provision of CrPC/IPC that provides for criminal trespass into others property as non-cognisable offence.
h) Certified copy of the inspection report that discloses that wire is not hanging loosely on the wall.
i) Certified copy of statement given by Siddhartha & others in support of the cryptic investigation report.
i) As provided under section 2(j) of the RTI Act, I may be advised the date & time when I can be allowed to inspect the files & other records relating to processing of my complaint to the DCP, South East District with a view to take notes, extracts and certified copies of the relevant portion of files/documents/records.
The PIO /Addl. DCP, South-East District vide letter dated 15.12.2020 replied as under:-
Information received from the Police Station Amar Colony is as under:-Page 4 of 13
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 22.01.2021. The FAA/DCP, South-East District vide order dated 18.02.2021 upheld the reply of the CPIO and furnished a fresh copy of report provided by the ACP/Kalkaji as under:-
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the Appellant dated 10.09.2022 which has been taken on record.
A written submission was also received from the PIO cum Addl DCP, South-East District vide letter dated 30.09.2022 wherein the replies available on record were reiterated.
(3) CIC/DEPOL/A/2021/645744 The Appellant filed an RTI application dated 19.04.2021 seeking information on following 04 points:-Page 5 of 13
The PIO /Addl. DCP, South-East District, vide letter dated 20.05.2021 furnished the report received from Police Station Amar Colony is as under:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.06.2021. The FAA/DCP, South-East District vide order dated 24.07.2021 furnished the fresh copy of report provided by the ACP/Kalkaji as under:-Page 6 of 13
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the Appellant dated 10.09.2022 which has been taken on record A written submission was also received from the PIO cum Addl DCP, South-East District vide letter dated 15.09.2022 wherein the replies available on record were reiterated.
(4) CIC/DEPOL/A/2021/647247 The Appellant filed an RTI application dated 19.04.2021 seeking information on following 04 points:-
The PIO /Addl. DCP, South-East District, vide letter dated 20.05.2021 furnished the report received from Police Station Amar Colony:-Page 7 of 13
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.06.2021. The FAA/DCP, South-East District vide order dated 13.07.2021 furnished the fresh copy of report provided by the ACP/Kalkaji as under:-
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission was also received from the PIO cum Addl DCP, South-East District vide letter dated 15.09.2022 wherein the replies available on record were reiterated.
(5) CIC/DEPOL/A/2021/648354 The Appellant filed an RTI application dated19.04.2021 seeking information on following 04 points:-
The PIO /AddlDCP, South-East District vide letter dated 18.05.2021 replied as under:-Page 8 of 13
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.06.2021. The FAA/DCP, South-East District vide order dated 13.07.2021 furnished the fresh copy of report provided by the ACP/Kalkaji as under:-
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the Appellant dated 11.09.2022 which has been taken on record.
A written submission was also received from the PIO cum Addl DCP, South-East District vide letter dated 15.09.2022 wherein the replies available on record were reiterated.
(6) CIC/DEPOL/A/2021/146216 The Appellant filed an RTI application dated 21.04.2021 seeking information on following 04 points:-
I had submitted a complaint dated March 29, 2021 to the Commissioner, Delhi Police through Email seeking vigilance inquiry in willful falsification of record and dereliction of duties and responsibilities in not filing FIR for theft against my neighbor who stole my water pipeline. A copy of this Email is uploaded with this RTI request.
This RTI request is to seek information on the following:
a) Certified copy of the agreement for amicable settlement based on which Mr. Gaurav Sharma, ACP South East District recorded his note on the report submitted by the SHO, Amar Colony to the DCP, South East District.Page 9 of 13
b) Certified copy of the directions issued by the Commissioner, Delhi Police on my email dated March 29, 2021.
c) Certified copy of the investigations done by the vigilance cell of the Delhi Police and action recommended.
d) Certified copy of action taken on my complaint by the Delhi Police.
The PIO /AddlDCP, South-East District vide letter dated 20.05.2021 furnished the report received from Police Station Amar Colony:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.06.2021. The FAA/DCP, South-East District vide order dated 13.07.2021furnished the copy of complaint and his enquiry report.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the Appellant dated 11.09.2022 which has been taken on record A written submission was also received from the PIO cum Addl DCP, South-East District vide letter dated 15.09.2022 wherein the replies available on record were reiterated.
(7) CIC/DEPOL/A/2021/645458 The Appellant filed an RTI application dated20.04.2021 seeking information on following 04 points:-
Page 10 of 13The PIO /ACP(HQs) vide letter dated 20.05.2021 furnished the copies of requisite document to the appellant.
The Addl. Commissioner of Police, Crime, vide letter dated 29.04.2021 replied as under:-
The Addl. DCP, South-East District vide letter dated 04.06.2021 replied as under:-
The CPIO/ACP (Hqrs), Delhi Police vide letter dated 30.06.2021 replied as under:-Page 11 of 13
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.06.2021. The FAA/DCP, South-East District vide order dated 30.06.2021 furnished a copy of enquiry report provided by Complaint Branch of South-East District.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from the Appellant dated 11.09.2022 which has been taken on record Written submissions were also received from the PIO cum DCP, HQ-II, Delhi Police sated 09.09.2022 ACP, RTI vide letter dated 09.09.2022 and the PIO cum Addl DCP, South East District vide letter dated 15.09.2022 the replies available on record were reiterated.
Facts emerging during the hearing The Appellant participated in the hearing through video conference. He referred to his written submission in each case and alleged that the Delhi Police was only helping Shri Narendra Prasad who had filed a criminal defamation case against the Appellant in Saket Court as he is perturbed by the imminent demolition of illegal construction as a result of the Appellant filing complaints against him for illegal construction. He also stated that points c and d of the RTI application under consideration in Second Appeal No CIC/DEPOL/A/2021/645458 have not been answered satisfactorily and that the Senior Citizens Cell of Delhi Police has been rendered ineffective since the lockdowns induced by the COVID-19 pandemic.
The Respondent represented by Shri Pradeep Kumar, ACP, Kalkaji; Shri Pradeep Rawat, SHO, A Colony; Shri Brijesh, HC, South East District; Dr Rakesh Kumar, ACP, Crime Branch; Shri Ramdhir Singh, Inspector, Crime Branch and Smt Asha Gautam, Inspector, Sr Citizens Cell, PHQ participated in the hearing through video conference. Smt Asha Gautam stated that since the onset of the COVID 19 pandemic, visits by Sr Citizens Cell were stopped in the light of the health and safety of Sr Citizens. However, the same did not imply that the cell was disbanded Page 12 of 13 as necessary action was taken on the complaints received from time to time. It was further stated that point wise information as per available records was provided to the Appellant in each of the matters heard today.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent in all the matters. Furthermore, similar matters as heard in the first 6 Second Appeals have already been heard and adjudicated by this bench of the Commission in Second Appeals Nos CIC/DEPOL/A/2020/677775 CIC/DEPOL/A/2020/678233 decided on 18.01.2022. Hence, no further intervention of the Commission is required in the instant matter. For redressal of his grievance, the Appellant is advised to approach an appropriate forum.
With the above observation, the instant Second Appeal stands disposed off accordingly.
Y. K. Sinha (वाई.
वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 13 of 13