Central Information Commission
Mr.Premraj vs Delhi Police on 21 August, 2012
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/2012/000603
Dated: 21.08.2012
Name of Appellant : Shri Premraj
Name of Respondent : Delhi Police, North West District
Date of Hearing : 26.07.2012
ORDER
Shri Premraj, hereinafter called the appellant, has filed the present appeal dated 20.10.2011 before the Commission against the respondent Delhi Police, North West District for providing incomplete and misleading information in reply to his RTI-application dated 31.5.2011. The matter came up for hearing on 26.07.2012. The appellant was present whereas the respondent were represented by Shri Rajeev Ranjan, CPIO, Shri Vijay Kumar, SHO and Shri Bijender Singh, ASI,
2. The appellant filed an application dated 31.5.2011 under the provisions of the RTI Act seeking information on the following ten points: "(1) When and on which basis his complaint from Central Distt. Was sent to P.S. Keshav Puram. Complete detail with copy may be provided; (2) Whether the DCP/NWD himself takes cognizance on the complaints or the final enquiry report is submitted before him. After lapse of two years, three months and five days. No action has been taken till date despite information about non-bailable offence. Copy of comments passed by DCP/NWD in this regard; (3) On which basis his complaint was entrusted to SI Afaque Ahmad and whom his complaints dated 12.3.10 and 25.3.10 and complaint bearing No. 2923 dated 20.4.11 was marked 2 Case No. CIC/SS/A/2012/000603 and action taken report; (4) Provide action taken report, copy of statements and copy of forged documents recovered on his complaint against Kanahiya Lal , who got illegal electric connection with connivance of one Rajesh. On the basis of forged documents, this connection was further got transferred in the name of Shiksha Devi; (5) Provide the copy of recovered documents from NDPL, copy of statements and action taken report conducted against the persons who was associate with the NDPL's corrupt and negligent officer B.D. Maheshwari (B.E. & Vigilance) on his complaints; (6) Provide action taken against corrupt I.O. SI Afaque Ahmad who did not call the appellant also not pay attention on the evidences regarding his complaint and also provide the certified complete detail of not sending of these complaints to the Vigilance Department; (7) Please provide the name and rank and contact number of the officers who was entitled to take action on his complaint but did not do so. What action will be taken against this officer who gave pain to the people and does not do their duty correctly; (8) Whether these officers are the violators of the Section 13(d) of POC Act and Sec 217 of IPC for not taking action as per law; (9) These officers provide the benefit to them who violates of the law and these officers are also gullible for negligence of duty. When these matter will be given to the Vigilance Department; and (10) Two years, three months and five days have been elapsed due to corruption, since lodging these complaints. In this span of time, the charge sheet is put in the court. When the FIR will be registered against these corrupt and negligent officers for not completing the action within the 21 days as per order of Centre and Delhi Government". The CPIO vide his letter No. ID-1194/11/RTI Cell/NWD dated 2.6.2011 provided information to the appellant as follows: "Point No. (1) As per report of I/C Complaint Branch/NWD it is stated that three complaints were sent to P.S. Keshav Puram as these complaints was related to the P.S.; on Point No., (2) After conducting enquiry on any complaint, it is placed before the DCP and the action is taken on the basis of enquiry; Point No. (3) The complaints dated 12.3.10, 25.3.10 and 2923 dated 20.4.10 was received in the Complaint Branch/NWD on 17.3.10, 30.3.10 and 21.4.10 respectively and on the same days these complaints were sent to Ashok Vihar/ Sub Division. Copy of the same were provided; Point No. (4) & (5) Copy of the related documents were provided; Point No. (6) The complaints were sent to Vigilance Department or any other Department as per orders of Senior Officers; Point No. (7), (8) & (9) If any I.O. does not work properly, the action is taken against him after receipt of complaint 3 Case No. CIC/SS/A/2012/000603 against him; Point No. (10) The enquiry on complaint dated 20.4.2011 has been conducted and copy of the same has been sent to the appellant."
3. Not satisfied with the reply of the CPIO, the appellant filed first-appeal on 4.8.2011 before the FAA. The FAA vide order No. 454/RTI/Appeal/NWD dated 29.8.2011 concurred with the reply of the CPIO. However, the FAA remitted the appeal to the CPIO with the directions to consider the points mentioned by the appellant in his appeal and provide the relevant information/documents to the appellant, permissible under the RTI Act. The CPIO vide his letter dated 5.9.201 has complied with the directions of the FAA.
4. During the hearing the appellant submits that he is not satisfied with the enquiry conducted by the Police pertaining to Point No. 4 of his RTI application.
5. Having considered the submissions of the parties, the Commission hereby directs the CPIO to provide an opportunity to the appellant for inspection of the relevant file/documents on a mutually convenient date and time within two weeks of receipt of this order. The CPIO will provide copies of the documents identified by the appellant free of cost.
The matter is disposed of on the part of the Commission with the above directions.
(Sushma Singh) Information Commissioner 4 Case No. CIC/SS/A/2012/000603 Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Premraj, S/O Shri Narayan Singh, House No,. 10382, First Floor, Manakpura, Gali Mandir Wali, Karol Bagh, Delhi-110005.
The Addl. Deputy Commissioner of Police & CPIO, Delhi Police, North West District, Ashok Vihar, Delhi-110052.
The Deputy Commissioner of Police & FAA, Delhi Police, North West District, Ashok Vihar, Delhi-110052.