Indian Kanoon - Search engine for Indian Law

Central Information Commission

Devashish Sharma vs Delhi Police on 17 September, 2019

                             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/2018/103108


Devashish Sharma                                        ... अपीलकताग/Appellant


                                    VERSUS
                                     बनाम


The CPIO, O/o The Addl. Dy.                             ...प्रनतवािी /Respondent
Commissioner of Police, North
West District, Ashok Vihar, Delhi

Relevant dates emerging from the appeal:
RTI : 16.09.2017           FA       : 05.12.2017           SA      : 15.01.2018

CPIO : 18.10.2017          FAO : 05.01.2018                Hearing : 11.09.2019


                                    ORDER

1. The appellant filed an online application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Addl. Dy. Commissioner of Police, North West District, Ashok Vihar, Delhi, seeking the complete file, including copy of the complaint filed, statements recorded, legal opinion, recommendations of the officials, final orders, and other relevant documents regarding complaint no. 73-C dated 21.04.2017 registered against him with the CAW Cell, Rani Bagh, M2K, North West Distt., Delhi on 24.04.2017 by Ms. Shailja Sharma.

2. The appellant filed a second appeal before the Commission on the ground that the information sought by him has been denied by the respondent on the plea that the case is pending consideration of senior official, which is a frivolous explanation, as a FIR has been registered against him under Section 406, 34 IPC by the Police. The appellant requested the Commission to direct the CPIO to provide information/documents as sought by him vide his RTI application.

Hearing:

3. The appellant was not present despite notice and the respondent Shri Ajay Kumar, ACP, Shri Sharad Kumar Bishnoi, SHO, Model Town, Shri Amit Kumar, SI Appeal Cell, North West Distt., Delhi Police were present in person.

4. The respondent submitted that after due enquiry a FIR No. 590/2017 was registered against the appellant and chargesheet was also filed in the Hon'ble Court. The respondent further submitted that on 22.05.2019, the FIR No. 590/2017 has been quashed by the Hon'ble Delhi High Court, based on settlement amongst the parties. The respondent also submitted a copy of the order passed by Hon'ble Delhi High Court to the Commission. The respondent, however, could not explain as to why the information sought for was denied on the plea that the file is under consideration with the senior officers.

Decision:

5. The Commission, after hearing the submissions of the respondents and perusing the records, observes that the information sought for was denied on the grounds that the file was under consideration with Senior Officers which is not a sufficient ground for withholding information under the RTI Act as this is not one of the categories of information which is exempt from disclosure under any of the clauses of Section 8(1) of the RTI Act. The Commission, however, notes Page 2 of 4 that the Hon'ble Supreme Court of India in case of Moti Ram (D) THR. LRS. & Anr. vs. Ashok Kumar & Anr., Civil Appeal No. 1095 of 2008 dated 07.12.2010 has held:

".......... the mediator should not write anything which was discussed, proposed or done during the mediation proceedings. This is because in mediation, very often, offers, counter offers and proposals are made by the parties but until and unless the parties reach to an agreement signed by them, it will not amount to any concluded contract. If the happenings in the mediation proceedings are disclosed, it will destroy the confidentiality of the mediation process."

6. In view of the above, the proceedings of the CAW Cell are not disclosable under the RTI Act. Hence, no further intervention of the Commission is required in the matter.

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.

Sd/-

Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 16.09.2019 Authenticated true copy (अनभप्रमानित सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 3 of 4 Addresses of the parties:

1. The First Appellate Authority, O/o The Addl. Dy. Commissioner of Police, North West District, Ashok Vihar, Delhi.

2. The Central Public Information Officer, O/o The Addl. Dy. Commissioner of Police, North West District, Ashok Vihar, Delhi.

3. Shri Devashish Sharma, Page 4 of 4