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Narinder Kumar Gupta vs Ut Of Jammu And Kashmir on 25 October, 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/UTOJK/A/2023/645187

Shri Narinder Kumar Gupta                                        ... अपीलकताग/Appellant
                                    VERSUS/बनाम

PIO, O/o Station House Officer,                              ...प्रनतवािीगण /Respondent
UT of Jammu and Kashmir

Date of Hearing                           :   23.10.2024
Date of Decision                          :   23.10.2024
Chief Information Commissioner            :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :           27.06.2023
PIO replied on                    :              - -
First Appeal filed on             :           16.08.2023
First Appellate Order on          :           24.08.2023
2 Appeal/complaint received on
 nd                               :           17.09.2023

 Information sought

and background of the case:

The Appellant filed an RTI application dated 27.06.2023 seeking information on the following points about an FIR no. 28/2022 filed by the Appellant:-

1) "Periodical progress report of the investigation in respect of the above-said FIR.

2) Name, Designation, Badge Number, and contact no. of the Investigating Officer(s) entrusted with the case investigation concerning the above-said FIR.

3) A Copy of the Case diary indicating the name of the persons arrested in connection with the said FIR.

4) A Certified Copy of the investigation report as prepared by Investigating Officer in respect of the said FIR.

5) Please supply a copy of the statement of all the accused recorded during the course of investigation.

6) A copy of Letter No. 33/PP SMGS 5-1 (Dt.28-05-2022), 34/PP SMGS 5-1 (Dt. 30-05-2022), 36/PP SMGS 5-1 (Dt. 10-06-2022).

7) A copy of the demarcation report, Status report Of Shop, and FSL Report sent by Executive Magistrate Jammu Khas, Commissioner of JMC And FSL Jammu respectively."

Dissatisfied with the non-receipt of information received from the CPIO, the Appellant filed a First Appeal dated 16.08.2023. The FAA vide order dated 24.08.2023 stated as under:-

"After perusal of your 1st appeal, PIO District Jammu was asked to provide the copy of RTI reply already provided to the appellant in response to his RTI application. Accordingly, PIO DPO Jammu vide her letter No. RTI/Misc/2023/12917 dated 18.08.2023 has intimated that no such RTI application have been received in her office.

As such you are advised to the office of DYSP HQRS DPO Jammu (PIO District Jammu)."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission dated 15.10.2024 has been received from the Appellant expressing his dissatisfaction with the response sent by the Respondent.

Appellant: Present through video-conferencing. Respondent: Shri Sidharth Dhiman - CPIO/Dy. Secy, Home Department and Shri Devender Singh - SDPO, City were present for hearing through video conference.

The Appellant stated that he was not satisfied with the information furnished so far by the Respondent.

The Respondent stated that information based on available official records has been duly provided to the RTI Applicant. Mr. Devender Singh stated that in reference to the FIR No. 28/2022, a closure report has been filed before the Court. He undertook to furnish an updated reply to the RTI Applicant in this regard.

Decision:

Upon perusal of case records of the case and submissions of the parties present for the hearing, the Commission hereby directs the concerned PIO- SDPO, City- Shri Devender Singh to revisit the instant RTI Application and provide a revised reply furnishing current updated status report with respect to the FIR No. 28/2022 filed by the Appellant, within 30 days from the date of receipt of this order. The Respondent shall also submit a compliance report to this effect before the Commission within a week thereafter. No further intervention is warranted in this case under the RTI Act.

The appeal is disposed off 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 2 of 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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