Central Information Commission
D. S. Kumar vs Delhi Police on 15 April, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2023/117072
Shri D. S. Kumar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Delhi Police
Date of Hearing : 12.04.2024
Date of Decision : 12.04.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 11.02.2023
PIO replied on : 14.03.2023
First Appeal filed on : 17.02.2023
First Appellate Order on : 28.03.2023
2 Appeal/complaint received on
nd : 11.04.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 11.02.2023 seeking information on following points:-
"1. Please refer under section 7(1) of Right to information act 2005, where the information sought for life or liberty of a person, the same shall be provided within forty eight (48) hours of the receipt of the request/ RTI Application, accordingly, within forty eight (48) hours via Email/ Whatspp/ Digital mode please provide all the information & documents about the phone call on dated 14.10.2022 at time about 01:20PM via mobile no. 7851920281 (ANNEXURE No.1- Recorded Call in Safe custody) made by Sub Inspector Archana Meena at PS Sagarpur, Delhi called the RTI Petitioner in connection with the complaint of Preeti Kumari, therefore, upto dated 14.10.2022 any wrong, untrue, incorrect, fake faise & Illegal FIR was registered by SHO PS Sagarpur District South West Delhas provide all the Record(s), information, Document(s) & Maternal(s) related to the FIR registered upto 14 10.2022 on any complaint of Preeti Kumari with copy of complaint of Preeti Kumari
2. Kind reference is invited that on the phone call on dated 14.10.2022 at time about 01:20PM via mobile nо. 7851920281 (ANNEXURE No.1- Recorded Call in Safe custody) made by Sub Inspector Archana Meena at PS Sagarpur, Delhi called the RTI Petitioner in connection with the complaint of Preeti Kumari and the FIR registered upto 14.10.2022 by SHO PS Page 1 of 3 Sagarpur, Delhi, therefore please issue within forty eight (48) hours via Email/ Whatspp/ Digital mode certify copy of all the Page No.1 upto Page No Last with Appropriate, fair & justified Action Taken, inquiry, investigation Report(s) along with all record(s), information, Jocument(s) & Material(s) of all the File(s) with all the Page No.1 upto Page No Last of noting(s)/ notesheet(s) in this regard the list of queries/ Questions is enclose as "ANNEXURE-RESEARCH".
3. Description of information, Documents, Materials & inspection required Please issue the certified legible copies under RTI Act 2005 all the requisite proper, apposite the appropriate complete information, documents, materials with inspection of all the record related to the complete file(s)& its noting(s)/ Notesheets of phone call on dated 14.10.2022 at time about 01:20PM via mobile no. 7851920281 (ANNEXURE No.1- Recorded Call in Safe custody) made by Sub Inspector Archana Meena at PS Sagarpur, Delhi called the RTI Petitioner in connection with the xx and the FIR registered upto 14.10.2022 by SHO PS Sagarpur, Delhi, District South West, Delhi & All the required complete information document(s) & material(s) of each & every point of this RTI Petition prepared/ maintained at your/ concern office(s)/ Department(s) upto the final reply of this RTI Petition
4. Kind reference to the section 6(3) of RTI Act 2005, please forward this RTI Petition to the closely concerned Department(s)/ office/ Police Station(s) for appropriate, fair & justified point/ para wise Reply/ ATR/ inquiry/ investigation Report(s) of Complaint of Preeti Kumari, FIR No.91/ 2023 U/s 3760/506/ 120B/ 34 of IPC Dated 02.02.2023 registered by SHO PS Sagarpur. Delhi & RTI Petition along with the affidavit (u/s 18 (3) C of RTI Act 2005 & U/o XX of CPC 1908)."
Having not received any response from the CPIO, the Appellant filed a First Appeal dated 17.02.2023.
The CPIO-cum- Addl. Dy. Commissioner of Police-I, South West Distt., New Delhi vide letter dated 14.03.2023 replied as under:-
"As per report, a case registered FIR No 91/2023 U/S 376D/506/120B/34 IPC Dated 02.02.2023, in Police Station Sagarpur on the statement of Preeti Kumari. The case FIR No 91/2023 is pending investigation with W/SI Kamlesh Kumari Meena PS Sagarpur. Hence requisite information cannot be provided at this stage as per Section 8(1)(h) of RTI Act-2005."
In regard to his first appeal, the FAA vide order dated 28.03.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present in person.
Respondent: 1. Ms. Sanghamitra, ACP, PS Vasant Kunj
2. Mr. Manoj, HC, PS Vasant Kunj Page 2 of 3
3. Mr. K.B. Jha, SHO The Appellant stated that the relevant information has not been furnished to him till date. He further stated that in the instant RTI Application he has sought information related to case/complaint registered upto 14.10.2022. He stated that no information as sought by him has been provided by the PIO. He stated that information that has ben provided is related to FIR No 91/2023 U/S 376D/506/120B/34 IPC Dated 02.02.2023 which was never sought by him. He insisted to initiate action against the PIO under Section 20 of the RTI Act.
The Respondent stated that the relevant information from their official record has been duly furnished to the Appellant. She further stated that as per their record FIR No 91/2023 U/S 376D/506/120B/34 IPC Dated 02.02.2023 has been registered on the statement of Preeti Kumari and details of the same has been duly furnished to the Appellant. She stated that the chargesheet in the matter has been already filed in the aforementioned case. Upon being queried regarding any case/complaint registered upto 14.10.2022 against the Appellant, the PIO stated that they will search their records again and furnish a revised reply within 10 days in this regard.
Decision:
Commission, after perusal of case records and submissions made during hearing, directs the concerned PIO to revisit the instant RTI Application and provide a revised fresh reply as available in their records, with regards to the instant RTI Application, to the Appellant, free of cost via speed post, within 10 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. In doing so PIO must make sure that information which is exempted from disclosure under RTI Act, 2005 must not be disclosed to the Appellant and same must be redacted under section 10 of the RTI Act, 2005 prior to the said disclosure.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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