Central Information Commission
Ram Chandra Bind vs Delhi Police on 4 March, 2022
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/DEPOL/C/2020/687049
Shri Ram Chandra Bind िशकायतकता /Complainant
VERSUS/बनाम
PIO ... ितवादीगण /Respondent
Delhi Police
Date of Hearing : 03.03.2022
Date of Decision : 04.03.2022
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from complaint:
RTI application filed on : 21.07.2020
PIO replied on : 19.08.2020
First Appeal filed on : 27.08.2020
First Appellate Order on : 19.09.2020
2ndAppeal/complaint dated : 26.09.2020
Information soughtand background of the case:
The Complainant filed an RTI application dated 21.07.2020 seeking information on the following points:-
The PIO/Addl. DCP, Dwarka District, Delhi Police vide letter dated 19.08.2020 replied as under:-
Dissatisfied with the response received from the PIO, the Complainant filed a First Appeal dated 27.08.2020.The FAA/DCP, Dwarka District, Delhi Policevide order dated 19.09.2020 upheld the reply of the CPIO.
Feeling aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Page 1 of 2Facts emerging in Course of Hearing:
A written submission dated Nil has been received from the PIO cum Addl DCP, Dwarka District, Delhi Police and the same has been taken on record.
The Complainant participated in the hearing through audio conference. He stated that the action taken on his complaint regarding hacking of his facebook account was not provided.
The Respondent represented by Shri Ajay Sharma, Inspector, Najafgarh PS, Delhi Police and Shri Rakesh Sharma, ASI, Cyber Crime Cell, Dwarka District, Delhi Police participated in the hearing through audio conference. Shri Rakesh Sharma stated that the complaint pertained to allegations of posting of unwanted and objectionable content on Complainant's Facebook account by third parties. After obtaining the necessary information from the Complainant, notice was sent to Facebook to provide relevant details related to the alleged posts on Appellant's account. After investigation it was found that allegations were not substantiated and the case was closed. Subsequent to the hearing the Respondent forwarded an order dated 25.02.2021 by the Ld CMM (SW), Dwarka Courts in CC No 15402/ 20 filed by the Appellant as an application seeking intervention of Court u/s 156 (3), CrPC. The Ld CMM (SW), Dwarka Courts in its order decided that:
"though it is averred by the complainant that his chat and conversation and certain objectionable post have been posted by accused person on social networking sites. However, the complainant nowhere mentioned in the complaint the fact of lodging of FIR u/s 376 against him. This is nothing but concealment of material fact.
Moreover, the complainant is having control over the evidence as the same is available with him. In these circumstances, this Court is not inclined to give the direction to the SHO for registration of the FIR. Hence, the application u/s 156 (3) CrPC is dismissed"
Decision Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Furthermore, the instant matter is a Complaint filed u/s 18 of the RTI Act, 2005 where the Commission is only required to ascertain if information has been denied with a malafide intent or due to any unreasonable cause which the Commission is unable to conclude herein. Hence, no further intervention is required in the instant matter. For redressal of his grievance, the Complainant is advised to approach an appropriate forum.
With the above observation, the instant Complaint stands dismissed accordingly वाई. के . िस हा) Y. K. Sinha (वाई.
Chief Information Commissioner(सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के. िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 2 of 2