Central Information Commission
Yogesh Malhotra vs Delhi Police on 11 December, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमार्ग, मुनिरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2022/145509
CIC/DEPOL/A/2022/158121
Shri Yogesh Malhotra ... अपीलकर्ता/Appellant
VERSUS/बनाम
PIO, PCR, Delhi Police ...प्रतिवादीगण /Respondent
Date of Hearing : 11.12.2023
Date of Decision : 11.12.2023
Chief Information Commissioner : Shri Heeralal Samariya
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
145509 21.07.2022 10.08.2022 17.08.2022 13.09.202 22.09.2022
2
158121 09.09.2022 - 14.10.2022 03.11.202 13.12.2022
2
Information soughtand background of the case:
(1) CIC/DEPOL/A/2022/145509 The Appellant filed an RTI application dated 21.07.2022 seeking information related to PCR Call Form pertaining to the call made to Police Control Room vide Reference no. 4477941, PCR Patrol Vehicle KITE 27A.
The CPIO/ACP, Police Control Room, Delhi vide letter dated 10.08.2022 replied as under:-
"As per report of Central Police Control Room the HCI Server installed in ERSS-Delhi Data Center (DC) HCI server got crashed on 02.03.2022 due to a hardware failure. The recovery of the data stored in the HCI server is currently in progress and is not completely recovered yet. C-DAC is also coordinating with various agencies to retrieve the lost data. Hence generating E-forms (Challan Forms/PCR Form) for the events dated 15.11.2020 to 05.03.2022 will not be possible currently."Page 1 of 3
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.08.2022. The FAA/DCP, OPS.(PCR), Delhi vide order dated 13.09.2022 upheld the CPIO's reply. However, fresh report was taken from CPCR/PCR in which it is mentioned that the reply from ACD/ ERSS- 112 is a call form bearing event id no 4477941. The call was made from mobile no ********91 on 14.01.2022. Rest of the information is mentioned in the PCR call form which is self explanatory and enclosed with the order.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission was received from the PIO cum ACP, PCR, Delhi Police vide letter dated 04.12.2023 wherein the replies available on record were reiterated.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: 1. Smt Anita, Prasai, Inspector, PCR, PHQ, Delhi Police;
2. Shri Kapil, HC, PCR, Delhi Police The Appellant stated that complete information was not provided by the Respondent as details of all calls made on 14.01.2022 between 5:45 PM and 7:00 PM pertaining to Reference no. 4477941 were not provided in a typed format.
Smt Anita Parsai stated that information as per the record that could be retrieved was already provided to the Appellant in a computer generated format and no further details are available with them.
Decision In the light of the facts of the case and the submissions made by both the parties, the Commission directs the PIO, PCR, Delhi Police to make another attempt to trace any further call records pertaining to PCR Reference no. 4477941 and provide an updated reply to the Appellant. In case no further information is traceable, a duly sworn affidavit on a non judicial stamp paper to this effect shall be provided to the Appellant. The abovementioned direction should be complied with by 15.01.2024 under intimation to the Commission.
(2) CIC/DEPOL/A/2022/158121 The Appellant filed an RTI application dated 09.09.2022 seeking information related to complaint filed against SHO, Balbir Singh & SI Ritika, PS-Kalkaji, Delhi by appellant's mother Smt. Swaran Lata Malhotra for committing offence U/s- 166/ 166A/ 182/187/ 193/ 217/ 218/ 219/ 221/ 222, IPC.
Page 2 of 3Dissatisfied due to non receipt of any information, the Appellant filed a first appeal dated 14.10.2022. The FAA/DCP, South East Distt Delhi vide order dated 03.11.2022 stated that the reply was provided by the PIO and Addl DCP, SE District, vide letter dated 11.10.2022 through speed post and also provided the copy of fresh report given by ACP/Kalkaji which is self-explanatory.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: 1. Shri Sunil Kumar, SI (Min), South East District, Delhi Police;
2. Shri Ajay Kumar, HC, South East District, Delhi Police The Appellant stated that it has been more than one and a half years since investigation is pending in the complaint referred to in his RTI application. Hence, he prayed for directions for completing the investigation within a stipulated time period.
Shri Sunil Kumar stated that investigation in the matter is not completed as yet. However, it is expected to be completed within a month.
Decision:
In the light of the facts of the case and the submissions made by both the parties, the Commission directs the PIO, South East District, Delhi Police to re-examine the matter and provide an updated status report to the Appellant by 31.01.2024 under intimation to the Commission. No other intervention of the Commission is required in this matter. For redressal of his personal grievance, the Appellant is advised to approach an appropriate forum.
The instant Second Appeal stands disposed off as such.
Heeralal Samariya (हीरालाल सामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3