Central Information Commission
Bharti Gupta vs Delhi Police on 6 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/2022/144948
Ms. Bharti Gupta ... अपीलकर्ता/Appellant
VERSUS/बनाम
PIO, West District, Delhi Police ...प्रतिवादीगण /Respondent
Date of Hearing : 06.12.2023
Date of Decision : 06.12.2023
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 05.06.2022
PIO replied on : 04.08.2022
First Appeal filed on : 18.08.2022
First Appellate Order on : 06.09.2022
2ndAppeal/complaint received on : 20.09.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 05.06.2022 on 17 points inter alia seeking information related to his FIR no. 378/2022, PS Moti Nagar and written representation/complaint to PMO and to the Commissioner of Police diary no. 4329/22/06/2022.
The CPIO/Addl. DCP, West District, Delhi vide letter dated 04.08.2022 provided copy of reply received from SHO/Moti Nagar through ACP/Punjabi Bagh & I/C Complaint Branch West Distt. as under:-
"Point No 1. It is submitted that Investigation of case Fir No 378/22 DT 06.05.2022 U/S 323/341/506/354b/354/509/356/379/34 IPC is pending at PS Moti Nagar, the requested documents asked to provide by applicant could may be supplied under the provision of RTI act."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.08.2022. The FAA/JCP, Police Headquarters, Delhi vide order dated 06.09.2022 held as under:-
"The undersigned has carefully considered the contentions put-forth by the appellant in her first appeal dated 18.08.2022 (diarized on 26.08.2022), RTI application dated 05.06.2022 (diarized on 06.07.2022), transfer/reply by PIO/ PHQ dated 06.07.2022/22.07.2022 and other documents available on file, I found that PIO/PHQ provided the information pertaining to the PHQ to the appellant and Page 1 of 2 transferred the RTI application to the concerned PIO for necessary action on points raised by the appellant in her RTI application directly relates to PIO/West District. However, first appeal of the appellant has already been transferred to First Appellate Authority, West District of Delhi Police vide letter dated 29.08.2022 for necessary action.
In view of the above orders, appeal is, therefore, disposed off."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The Appellant represented by Dr R K Gupta participated in the hearing in person. He argued that neither was point wise information on the RTI queries provided nor was the action taken on the complaint communicated by the Respondent. He therefore prayed for a direction for disclosure of complete information.
The Respondent represented by Shri Rajesh Kumar, Inspector, RTI Cell PHQ and Shri Madan Mohan, ASI, RTI Cell, PHQ participated in the hearing in person. Shri Rajesh Kumar stated that the matter essentially pertained to West District and vide reply dated 29.09.2022 provided in compliance with the order of the FAA and DCP, West District dated 26.09.2022, a point wise reply was provided to the Appellant wherein it was inter alia mentioned that inquiry in the matter is underway. On being queried by the Commission regarding the present status of inquiry/ investigation, Shri Rajesh Kumar stated that charge sheet in the matter has been filed. The Appellant's representative vehemently contested the above submission and argued that investigation is not yet complete.
Decision In the light of the facts of the case and the submissions made by both the parties, the Commission directs the PIO and Addl DCP, West District, Delhi Police to revisit the RTI application and provide a revised point wise reply with inquiry reports to the Appellant, if so available, by 31.12.2023 under intimation to the Commission.
The instant Second Appeal stands disposed off as such.
Heeralal Samariya (हीरालालसामरिया) 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 2 of 2