Central Information Commission
Smt.Amita Singh vs Central Information Commission on 17 May, 2010
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2009/00435 dated 30-3-2009
Right to Information Act 2005 - Section 19
Appellant: Shri LD Chopra
Respondent: Deputy Commissioner Police (DCP) NW Dist.
FACTS
By an application of 30-12-08 assigned ID No. 1286 Shri L.D. Chopra of Kingsway Camp, Delhi applied to the DCP (NW) Distt. seeking the following information:
"A. DD No./Date/Time of complaint as a request to which two Police Officials-Inspector Shri Kishan Lal and constable Shri Satish Kumar of PS Mukherjee Nagar visited our premises "Shanti Sadan, 219, Indira Vihar, Kingsway Camp, Banda Bahadur Marg, Delhi-110009 on 27.12.2008 (Saturday) dated 4.17 PM (16,17 hrs).
B. A true copy (Attested) of the complaint lodged by Ms. Bhavni (D/o Ramesh, unauthorized occupant of First Floor of our house the miscreant who had earlier made a FALLACIOUS, FRIVOLOUS/ SLYISH PCR CALL on 29.8.2008 (DD No. 65B).
C. DD No./ Date/ Time of filing action taken report along with a true coy (Attested) thereof incorporating therein solemn premises and affirmation given by the complainant Ms. Bhavna to shift peacefully from the first floor within 3 ½ months provided caution Notice Boards are removed instantaneously.
D. To quote specific Rule of Delhi Police is Manual of Instructions allegedly accordance with which No. Public Information/ Caution Notice mentioning 'Registration by Delhi Police of an FIR on the basis of Criminal Complaint filed by the Government of NCT of Delhi for initiating prosecution proceedings under IPC Sections 419&420 can be displayed on the premises. (Relevant Rule to be reproduced under RTI Act).
E. To quote specific Section of Criminal Procedure Code or any other Act allegedly prohibitory display of a 'Caution Notice' ibid Just to obviate incidence of wrongful Deliver/ Return of Dak addressed to the applicant as had happened on 28.10.2008 for Letter No. 1179/ P. Sec/ 501 Addl. CP/EOW dated 10.10.2008 addressed to me by the Office of the Addl. Commissioner of Police, Economic Offences wing, Crime Branch, C-22, Qutab Institutional Area, New Delhi-110016. Photocopy of cover dated 10.10.2008 whereas is Remark offended "there is no one in this name" as shown to the visiting officials of PS Mukherjee Nagar is annexed hereto.1
It shall be appreciated if aforesaid RTI request is disposed off instantaneously."
On not receiving the response requested within 48 hours Shri Chopra submitted a representation to the DCP on 1-1-09 followed by an appeal on 7- 1-09 to the JCP, Northern Range that was also followed by a reminder of 17- 1-09. He, however, received a response point wise on 24-1-09 i.e. within the period mandated for response to usual RTI applications under Sub Section 1 of Section 7 as follows:
"(A) On 27.12.08 a complaint vide LC-2017 dated 27.12.08 from Mrs. Kavita Arya was received in PS Mukherjee Nagar and was marked to Inspr. Krishna Lal for enquiry and the enquiry was conducted on 27.12.08 and Inspr.
Krishan Lal and Const. Satish of PS Mukherjee Nagar went to the complainant house for enquiry etc. (B) A photocopy of the complaint of Mrs. Kavita Arya w/o Ramesh Arya, R/o House No. 219, 1st Floor, Indira Vihar, Delhi-9 may be collected from this office on any working day after depositing the requisite fee @ Rs. 2/- per page under RTI Act 2005. The complaint was given by Mrs. Kavita Arya and not by Ms. Bhavna. (C) The above complaint has been filed vide DD No. 26B dated 27.12.2008 PS Mukherjee Nagar. The copy of above DD entry may be collected from this office on any working day after depositing the requisite fee @ Rs. 2/- per page under RT I Act, 2005. (D) The RTI applicant has displayed a caution board on the railing of his house, which was causing harassment to Mrs. Kavita Arya & her family. The RTI applicant has got registered a case/ FIR No. 261/08 u/s 419/420-IPC at PS Kashmeri Gate and tried to display the above case to the general public and causing annoyance to the other party. Hence, he was given directions u/s 65-DP Act to remove the caution board and he removed the caution board on the directions of the local police.
(E) The caution notice regarding delivery of the dak to the RTI applicant only can be displayed in the front portion of his house to check wrongful delivery of the dak without mentioning the registration of the case against the neighbour Ramesh Arya's who is residing above at 1st Floor of the complainant house."
Not satisfied with this response Shri Chopra moved a representation before the DCP (NW) on 3-2-09 followed by an appeal before JCP, NR on 4- 2-09 pleading as follows:
"A. DD No./Date/Time: Information Not Furnished (Through Requisition) (As per the system).
B. Attested copy applied for on 3.2.2009.
C. Attested copy applied for on 3.2.2009.
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D. Reply irrelevant and non conforming-objection raised on
3.2.2009 (information denied).
E. Non-specific/ Non-conforming advice given whereas
officer visiting the premises Inspector is Shri Kishan Lal make mention of some specific section of Criminal Procedure Code allegedly display for 'Caution Notice: Kindly direct PIO to be relevant & specific) (Information Denied)."
Upon this Shri Karnail Singh, JCP, Northern Region in his order of 6-2- 09 directed as follows:
"Contentions put forth by the appellant and report of PIO/North- West Distt have been considered. The appellant filed the RTI application/ appeal categorization it concerning his 'life and liberty' but perusal of the relevant documents/ records, revealed that this is in no way comes under that category. Moreover, the reply has been provided under RTI Act but the information relating to Point No. D & E of the RTI Application is not specific and meaningful. The appeal is remitted to PIO/ North-West Distt with the directions to provide the specific and detailed information relating to Point No. D & E to the appellant, permissible under RTI Act."
Complaining of non compliance of JCP's order Shri Chopra moved his second appeal before us with the following prayer:
"For direction under section 19 (8) (b) & 20 related to PUNITIVE PROVISIONS for CHRONIC DEFAULT & DEFIANCE OF APPELLATE AUTHORITY'S ORDER TOO by PIO/DCP North West District, Ashok Vihar, Delhi-110052."
The appeal was heard on 14-5-2009. The following are present.
Appellant Shri LD Chopra.
Respondents Shri Brahm Singh, PIO/ NW.
Shri Ram Singh, Inspector.
ASI Rajinder Kumar, RTI Cell.
Appellant Shri Chopra was asked whether the only issue outstanding now was that of non-compliance with the orders of Appellate Authority, JCP. Upon this he submitted a statement in which he has submitted the following chart:
Status as On Non compliance/ Default Persisting-
14.5.2009 Defiance of AA's Order
Besides personal Malafidely denying Information/
perusal Certified copies.
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He submitted, therefore, that although he has been given copies of documents sought at A, B, and C of his application, these are all uncertified, whereas he had asked for certified copies. Besides the orders of JCP regarding supply of information against Points D and E have not been complied with, Shri Brahm Singh, PIO, North West submitted his readiness to supply certified copies of the documents forthwith. He also submitted that, in fact, in a letter of 14-2-09 the clarifications sought as directed by JCP, Northern Range have been provided to the appellant Shri Chopra, who on the other hand contended that the information now supplied refers to Section 65 of the Delhi Police Act which is not the relevant law.
DECISION NOTICE As agreed by respondents certified copies of the documents sought at (a), (b) and (c) of the application of Shri Chopra will be sent to him by speed post within two days from the date of receipt of this decision notice.
The applicant has also approached this Commission submitting, inter- alia that in spite of the orders passed by the first Appellate Authority, the PIO has not complied with the orders and the information requested at D and E of his application has not been furnished till date. To this extent the appeal is therefore allowed.
From the facts above, it appears that this could be a case of malafide denial of Information by the PIO. However since it is the responsibility of the First Appellate Authority to ensure that the orders passed by it are duly complied with by the PIO, the Commission, therefore, has decided to remand the case back to the first Appellate Authority JCP (Northern Range) to ensure that its orders under section 19(1) are duly complied with and the requested information furnished in terms of the order so passed, with the 4 qualification that now, in accordance with Sec 7(6) of the RTI Act, 2005, no fees will be charged.
If the compliance is not ensured within 15 days from the date of receipt of this order, the JCP (NR) should approach this Commission for initiation of proceedings under section 20 of the RTI Act for imposition of penalty and/or recommending appropriate disciplinary action. This will be without prejudice to the right of the First Appellate Authority to initiate other penal action under the Indian Penal Code against the PIO for wilful violation of lawful orders promulgated by a public servant while exercising statutory powers.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 14-5-2009 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Pankaj K.P. Shreyaskar) Joint Registrar 14-5-2009 5