Central Information Commission
Jagdish Saxena vs Delhi Police on 15 October, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/DEPOL/A/2023/654053
Shri Jagdish Saxena ... अपीलकता/Appellant
VERSUS/बनाम
PIO, ... ितवादीगण /Respondent
Delhi Police
Date of Hearing : 11.10.2024
Date of Decision : 11.10.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 03.10.2023
PIO replied on : 03.11.2023
First Appeal filed on : 04.11.2023
First Appellate Order on : 05.12.2023
2 Appeal/complaint received on
nd : 06.12.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 03.10.2023seeking information on following points:-
1. "FIR No. 978/2006, U/s-448/380-IPC/PS/Dabri Professional accused land Mafia Don Maniram Gupta S/o Late Sh.
Satyanarayan Gupta R/o A-5, Gali No. 10, East Sagarpur, New Delhi-110046, Provide a true copy of the Aadhar Card.
2. The SHO/PS/ Shahbad Dairy of issued DD No. 108-A, dated 15/09/2020, What legal action has been taken against the Professional criminal accused land Mafia Don Maniram Gupta, who committed robbery by breaking the lock of someone else's property and stealing important documents, pictures and household items, "If not, then explain all the reasons for his Provide information.
3. Used to steal household valuables and important documents by breaking locks: - "A vicious minded Professional criminal against land Mafia Don Maniram Gupta: - "What legal action and fair investigation has been done by the SHO of Shahabad Dairy police station, "If not. If yes then please provide all the information regarding their reasons.
4. What legal action and impartial investigation has been conducted by the station in- charge of Shahbad Dairy police station Page 1 against the vicious minded criminal land Mafia Don Maniram Gupta who had swapped names, "If not, then for what reason has it not been conducted.
5. As per the advice of his advisors, what legal action and impartial investigation has been taken by the police station in-charge of Shahbad Dairy police station against the cunning minded land Mafia Don rapist Maniram Gupta, who came to Delhi from Rohtak Haryana and acquired black money worth crores of rupees by defrauding the administrative officials as per the advice of his advisors, Is of."
The CPIO, Outer North District vide letter dated 03.11.2023 replied as under:-
Point No. 1:-"Not related to Outer North District. Point No. 2 to 5:- The information/documents couldn't be provided under section 8(1)(j) of RTI Act-2005."
The CPIO, Delhi Police, Dwarka District vide letter dated 02.11.2023 replied as under 1 to 5 :Not related to this District Dissatisfied with theresponse received from the CPIO, the Appellant filed a First Appeal dated 04.11.2023. The FAA, Dwarka District vide order dated 05.12.2023 stated as under:-
"The undersigned has carefully considered the application filed by the appellant under RTI Act-2005, information sought by him as well as information provided by the CPIO/Dwarka District and fresh report/comment of the CPIO/DWD on the instant appeal. It has been observed that the requisite information as asked by the appellant under RTI Act-2005 was provided by the CPIO/Dwarka District, New Delhi within stipulated period. Notwithstanding, in view of the instant appeal filed by the appellant and fresh report/comments received from CPIO/DWD, the undersigned finds that as per available record, a case FIR No. 978/2006 u/s 448/380 IPC was registered on the statement of complainant on 25.10.2006 and the same has been submitted before the Hon'ble Court vide RC No. 238/21/2008 dated 20.05.2008. Hence, instant appeal stands disposed off accordingly. However, after giving the relief to the appellant & in view of the instant appeal, copy of fresh report of SHO/PS Dabri is being furnished to the appellant, which is self-explanatory. Apart from this, the appellant is further advised that he may file a separate detailedrequest/application before concern authority for the redressal of his restgrievances."
PIO, Dabri reply dated 30.11.2023 as under:
1. It is submitted that FIR No.978/2006 u/s 448/380 IPC was registered on the statement of Jagdish Saxena on Page 2 25.10.2006 and Case was chargesheeted and put to court vide RC No. 238/21/2008 Dt 20.05.2008. Accused Mani Ram has been aquitted by Honourable Court vide order 29.10.18. Rest Information is not available at Ps Dabri.
2. Not concerned psdabri
3. Not concerned psdabri
4. Not concerned psdabri
5. Not concerned psdabri Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 29.09.2024 has been received from PIO, Dwarka District. The relevant extract whereof is as under :
The subject matter specifically pertains to PS/ Dabri. In this regard, the online RTI application dated 03.10.2023 was received in this office on 04.10.2023 and diarized vide ID No. 2258/RTI Cell/DWD, dated 04.10.2023 in which the appellant has sought information regarding FIR No. 978/2006 u/s 448/380 IPC at PS/Dabri. After obtaining the report received from PS/Dabri through ACP/Dabri (the principal supplier of the information), the requiste information has been provided to the applicant vide No. 3226(ID-2258/23)(D-IV)/RTI Cell/DWD, dated 02.11.2023(copy enclosed). Subsequently, Ist appeal dated 04.11.2023 which received in this office vide App No.271/AA/DWD, dated 04.10.2023 and the reply has also been provided to the appellant vide this office letter No. (271)/2023/439-40/RTI Appeal Section/DWD, dated 02.12.023 mentioning therein that " copy of fresh report of SHO/PS Dabri is being furnished to the appellant which is self explanatory (copy enclosed) and also again provided vide this office No.08(271-AA/23,ID 2836 82258/23/RTI Cell/DWD, dated 02.06.2024(copy enclosed) under the provisions of RTI Act-2005. You may contact SHO/Dabri (Mob-8750871024) and Inspr (Min) Rajinder Parshad, Inspr./RTI Cell/DWD (Mob-
9717934427) regarding above mentioned CIC matter. This is for your kind perusal and necessary directions Written submission has been received from PIO, Outer North District and same has been taken on record for perusal. The relevant extract whereof is as under :
It is stated that RTI application filed by Sh. Jagdish Saxena, (here-in- after called the Appellant) was received in this office vide ID No.1451/23 dated 06.10.2023 for providing information to the appellant. After obtaining the report from SHO/Shahbad Dairy through ACP Sub Division Bawana, Outer North District, the information was provided to the appellant vide this office letter No.2153/ID No.1455/23/RTI Cell/OND, dated 01.11.2023. Thereafter, he preferred 1 appeal, which was received in this office vide Appeal No. 164/23 dated 07.11.2023. After obtaining the report Page 3 from SHO/Shahbad Dairy through ACP Sub Division Bawana, Outer North District, the appeal was decided by the FAA/OND vide this office Order No.375/Appeal No.164/23/RTI/OND, dated 05.12.2023. Now, the appellant has preferred Second appeal to the Hon'ble CIC and the Hon'ble CIC has issued notice for hearing on 11.10.2024 at 11:40 AM in Room No. 402 before Hon'ble Chief Information Commissioner Mr. Heeralal Samariya.
On the Second appeal, a fresh report has been obtained from SHO/ Shahbad Dairy through ACP Sub Division Bawana, Outer North District. As per report, as regards Point No.01 Does not relates to Outer North District, Delhi. As regards Point No.02 to 05 the appellant is neither alleged nor complainant in the above mentioned complaint. Therefore, information sought by appellant could not be provided as per Section 8 (1) j of RTI Act-2005 being 3rd party information.
Facts emerging in Course of Hearing:
Appellant:Present in person.
Respondent:Mr. Vivek Bhagal, ACP, Mr. Ashok Kumar, SHO-SB Dairy, Mr. Rajendra Prasad, Inspector, Mr. Ganga Ram, Inspector, PS Dabri- participated in the hearing.
The Appellant stated that the relevant information has not been furnished to him till date. He stated that the information as provided is not complete. He requested to direct the PIO to furnish the information as sought in the instant RTI Application.
The Respondent stated that the relevant information from their official record has been duly provided to the Appellant. They stated that the information sought at point No. 1 has been duly provided to the Appellant by the PIO, Dabri. As regards the point No. 2 to 5 the PIO, Outer North District vide letter dated 03.11.2023has furnished reply stating that the Appellant is neither alleged nor complainant in the complaint. Therefore, information sought by Appellant at point No. 2 to 5 could not be provided as per Section 8 (1) j of RTI Act-2005.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no Page 4 further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालालसाम रया) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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