Central Information Commission
Sunil Kumar Jain vs Delhi Police on 8 May, 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/2023/127343
Shri SUNIL KUMAR JAIN ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, PHQ ...प्रनतवािीगण /Respondent
Delhi Police
Date of Hearing : 06.05.2024
Date of Decision : 06.05.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 20.04.2023
PIO replied on : 16.05.2023
First Appeal filed on : 23.05.2023
First Appellate Order on : 02.06.2023
2 Appeal/complaint received on
nd : 28.06.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 20.04.2023 seeking information on following points:-
"1. Kindly provide the details of nature of postings being assigned or to be assigned or meant for the ACSP (DANIPS or L/A or F/R) of different cadres like Executive, Ministerial, Steno, Technical, Communication, Finger Print Bureau etc. of Delhi Police.
2. Kindly provide the Rules/Standing Order/Notification or any other relevant Order in this regard."
The CPIO vide letter dated 16.05.2023 replied as under:-
"1 & 2 In this regard, Circular No. 02/2023 is enclosed herewith, which is self explanatory into the matter, as per your desired information."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.05.2023. The FAA vide order dated 02.06.2023 stated as under:-
"The undersigned has carefully considered the contents put-forth by the appellant in his first appeal dated 22.05.2023 (diarized on 24.05.2023), RTI Page 1 of 3 application dated 20.04.2023(diarized on 20.04.2023), reply by PIO/PHQ dated 16.05.2023 and other documents available on file, it is found that PIO/PHQ has provided the existing and available information to the appellant, as per provisions of the RTI Act-2005 Further, it is clarified that as per guidelines issued vide DOPT'S O.M. No. 1/18/2011-IR dated 16.09.2011 only such information can be supplied under the Act which already exists and is held by the public authority or held under the control of public authority."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 30.04.2024 has been received from the CPIO and same has been taken on record.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. Atul Kalia, ACP, PHQ, Mr. Rajesh Kumar, Inspector, RTI Cell, PHQ and Mr. Ghanshyam, SI, RTI Cell, PHQ participated in the hearing.
The Respondent stated that the relevant information from the official record has been duly furnished to the Appellant. They further stated that duty is pre- defined and it's not cadre wise. They further stated that circular related to it has been provided to the Appellant.
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 Appellant, 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 further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 2 of 3 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:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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