Central Information Commission
Mr.Harish Kumar vs Delhi Police on 25 June, 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/2012/002961
Dated: 25.06.2013
Name of Appellant : Shri Harish Kumar
Name of Respondent : Delhi Police, PHQ
Date of Hearing : 30.05.2013
ORDER
Shri Harish Kumar, hereinafter called the appellant, has filed the present appeal dated 8.8.2012 before the Commission against the respondent Delhi Police, PHQ for not providing information in response to his RTI application dated 6.2.2012. The appellant was present whereas the respondent were represented by Shri P.M. Kaushik, ACP/PHQ and Shri Sushil Kumar, Inspector.
2. The appellant through his RTI application dated 6.2.2012 sought information on the following three queries: "(1) Intimate name of person(s) and their addresses against whom Pradeep Kaur, daughter of Capt. Gian Singh, New Delhi has forwarded the copy of her complaint(s) during the year 1994-2009; (2) Date(s) on which above said complaint(s) were received by PHQ and the brief details of the complaint(s); and (3) FIR number and its date if permission was given for lodging of FIR". The CPIO/PHQ vide letter No. XXIV/29/Spl/ID- 687/2012/7021/RTI Cell/PHQ dated 5.3.2012 informed the appellant that he has not mentioned the specific date, month, year of the complaint and mode of sending the complaint, due to which reason the respondent were unable to trace 2 Case No. CIC/SS/A/2012/002961 the records. Moreover, the information asked also attracts the provisions of Section 11, being third party information as well as Section 8(1)(j) of the RTI Act.
3. The FAA, before whom the appellant filed first appeal, vide his order No. XXIV/29/SPL/Appeal No. 27/2012 Application-ID 687/2012/16219-20 dated 16.5.2012, while upholding the reply of the CPIO, recorded that the CPIO has to cull out information from the diary registers or other records of 15 years without having any specific date and the physical search of such voluminous records would disproportionately divert the resources of the public authority under Section 7(9) of the RTI Act. Moreover, copies of diary registers of complaints and copy of complaints cannot be provided as this information attracts the provisions of Section 8(1) (j) of the RTI Act.
4. The appellant has not provided any specific dates of complaints filed by Ms. Pradeep Kaur, but has simply mentioned the period of filing complaints, that too from 1994-2009. The information requested is not specific, the respondent cannot be expected to conduct a search for documents over such a long period without knowing the dates of filing of complaints, such an exercise, if conducted would disproportionately divert the resources of the public authority, and would attract the provisions of Section 7(9) of the RTI Act. Moreover, the information sought by the appellant relates to third party information, and the appellant has not established any larger public interest for its disclosure. Therefore, this information is also exempted from disclosure under the provisions of Section 8(1)
(j) of the RTI Act. The Commission, therefore, finds no reason to interfere with the reply of the respondent FAA, which is upheld.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) 3 Case No. CIC/SS/A/2012/002961 OSD & Deputy Registrar 4 Case No. CIC/SS/A/2012/002961 Address of the parties:
Shri Harish Kumar, RZ-213 - L/17, Tughlakabad Extension, Near Tara Apartments, New Delhi-110019.
Deputy Commissioner of Police & CPIO, Delhi Police, PHQ, MSO Building, I.P. Estate, New Delhi-110002.
The Joint Commissioner of Police & FAA, Delhi Police, , PHQ, MSO Building, I.P. Estate, New Delhi-110002.