Central Information Commission
Smt.Sharda Devi vs Ministry Of Home Affairs on 22 November, 2010
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2010/000440
Name of Appellant : Smt. Sharda Devi
(The Appellant was present along with Sh.
Om Kumar Singh)
Name of Respondent : Delhi Police, SouthWest Dist., Dwarka
(Represented by Sh. Zile Singh, APIO/SWD
and Sh. Satya Parkash, SubInspector/SWD)
The matter was heard on : 15.11.2010
ORDER
Smt. Sharda Devi, the Appellant, through her RTI application dated 15.12.2009, sought information relating to the kidnapping of her daughter. The PIO, vide letter dated 30.12.2009, replied to the Appellant and provided the information relating to SouthWest Dist. However, as the matter in question was being investigated by the Anti Kidnapping Cell, Crime Branch, the PIO, SouthWest Dist., forwarded the RTI application to the PIO, Crime Branch for further necessary action. Not getting complete requisite information the Appellant filed an appeal before the First Appellate authority (FAA). Finally, not getting complete information even after filling first appeal, the Appellant has filed the present appeal before the Commission.
During the hearing, the Appellant submits that the PIO, Crime Branch has not at all responded to her RTI application forwarded by the PIO, SouthWest Dist. On the other hand, the Respondents during the hearing submit that in relation to the information relating to the SouthWest Dist., they had send pointwise reply to the Appellant. However, as the matter is being investigated by the AntiKidnapping Cell, Crime Branch, the PIO had forwarded the RTI application to the PIO Crime for providing the further information.
After hearing the parties and on perusal of the relevant document on file, the Commission finds that in response to the RTI application forwarded by the PIO, SouthWest Dist., the PIO, Crime (Anti Kidnapping Cell) has not at all responded to the Appellant. Thus, the PIO, Crime Branch is hereby directed to provide a complete requisite information to the Appellant, within 15 days of receipt of Commission's order. The PIO, SouthWest Dist., is also directed to inform the present status of the case on point no. 8 of the RTI application.
The Commission is of the view that the PIO, Crime, has primafacie, not replied to the Appellant within the period stipulated under the RTI Act, without any reasonable cause. Hence, the Commission has decided to issue a ShowCause Notice to the PIO, Crime Branch (AntiKidnapping Cell) for causing a delay of more than 100 days without any reasonable cause. A separate ShowCause Notice to the PIO Crime Branch, will be issued in this regard.
With these directions the matter is disposed of accordingly. The PIO, southWest Dist, is also directed to forward the order of the Commission to the PIO, Crime Branch (Anti Kidnapping Cell) within 5 days of the receipt of this order.
(Sushma Singh) Information Commissioner 22.11.2010 Authenticated true copy S. Padmanabha Under Secretary & Dy. Registrar Copy to:
1. Smt. Sharda Devi, W/o Sh. Om Prakash Singh, RZ62B, Dabri Extn. East, New Delhi110045
2. The Public Information Officer, Addl. Dy. Commissioner of Police, SouthWest Dist., Section19, Dwarka, New Delhi
3. The Public Information Officer, Crime Branch (Anti Kidnapping Cell), I.P. Estate, New Delhi
4. The Appellate Authority, Dy. Commissioner of Police, SouthWest Dist., Section19, Dwarka, New Delhi