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Central Information Commission

Alok Ranjan vs National Human Rights Commission on 23 February, 2024

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/NHRCM/A/2022/664882

Shri Alok Ranjan                                                  ... अपीलकर्ता/Appellant
                                     VERSUS/बनाम

PIO, National Human Rights Commission                         ...प्रतिवादीगण /Respondent

Date of Hearing                           :    23.02.2024
Date of Decision                          :    23.02.2024
Chief Information Commissioner            :    Shri Heeralal Samariya

Relevant facts emerging from appeal:
 RTI application filed on           :          21.09.2022
 PIO replied on                     :          13.10.2022
 First Appeal filed on              :          18.10.2022
 First Appellate Order on           :          01.11.2022
 2 Appeal/complaint received on
  nd
                                    :          0612.2022

 Information sought

and background of the case:

The Appellant filed an RTI application dated 21.09.2022 seeking information about his complaint Diary No.- 172481/CR/2018, Case/File No-3242/4/32/2018, Registration Date-18/10/2018):-
"(1) awedan tithi se abhi tak mere awedan pr ki gai karwai ki dainik pragati riport uplabdh karai jay, (2) mere dwara ki gai sikayt pr doshi police pr karwai karne ki jimmedari kis adhikari ki hai or usne apni jimmedari puri kyo nahi ki, karan batay, or us adhikari ka nam or pad nam bhi batay"

The CPIO vide letter dated 13.10.2022 replied as under:-

"The NHRC (Procedure) Regulations 1997 does not provide for any daily progress report or file noting in the process of disposal of a complaint. As such no daily progress report/file noting is maintained by the Commission. The complaint dated 29.09.2018 received from the applicant vide diary number No. 172481/CR/2018 dated 06.10.2018 was registered as Case No.3242/4/32/2018. The case stands disposed of by the Commission vide its proceedings dated 25.10.2018 with directions to transmit the complaint to the concerned authority to take appropriate action within eight weeks and to inform the complainant of the action taken in the Page 1 of 3 matter. Accordingly the complaint was transmitted to the Senior Superintendent of Police, Saran (Chapra), Bihar vide letter dated 27.10.2018 (copy enclosed).
3. It is to clarify that with the transmission of the complaint to the concerned authority, the matter stands finally disposed off at the end of this Commission. Since the case has already been disposed off by the Commission, there is no question of any action against the officers."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.10.2022. The FAA vide order dated 01.11.2022 upheld the reply of the CPIO.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission dated 19.02.2024 has been received from CPIO, NHRC reiterating the above facts.
Appellant: Present Respondent: Shri Gautam Kumar - Assistant Registrar was present during the hearing.
The Appellant contended that the Respondent had not furnished the desired information. In response to the Appellant's contention, the Respondent stated that reply sent by the PIO to the Appellant contained complete information held in official records. Furthermore, the Respondent submitted a report dated 09.04.2021 received from the Office of the SP, Saran which is self explanatory in nature.
Decision:
Upon perusal of records of the case and after hearing averments of the Respondent, it is noted that appropriate reply containing requisite information had been sent by the PIO which is in conformity with the provisions of the RTI Act. Hence, no further action is warranted in this case, under the RTI Act. Considering the fact that the written submission and the report dated 09.04.2021 received from the Office of the SP, Saran submitted by the Respondent before the Commission are comprehensive and self explanatory in nature, the Respondent is directed to send one copy of the written submission alongwith the report dated 09.04.2021 received from the Office of the SP, Saran to the Appellant within two weeks of receipt of this order. The Respondent shall submit a compliance report before the Commission in this regard within one week thereafter.

The appeal is disposed off accordingly.

Heeralal Samariya (हीरालालसामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) Page 2 of 3 S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक)/011-26186535 Page 3 of 3