Central Information Commission
Sh. Tarun K. Roy vs Delhi Police, North District on 11 January, 2010
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/ WB/A/2009/000562/SS
Name of Appellant : Sh. Tarun K. Roy, Delhi
Name of Respondent : Delhi Police, North District
Background
Sh. Tarun K. Roy (hereinafter called the appellant) filed an application dated 9.01.2009 under the provisions of the RTI Act, 2005, seeking information on a complaint filed by him, regarding an incident of alleged assault on him while on duty at his workplace. The CPIO/North Dist. furnished a reply vide letter dated 9.02.2009, in which he has informed that an enquiry was conducted into the complaint by the P.S. Timar Pur, Delhi, during the course of which no action was made out by the local Police and the same was filed. It has also been mentioned in the reply that an application under Section 156(3) Cr.P.C. is also pending in the concerned court in regard to this matter. Not satisfied with the reply the appellant filed first appeal before the FAA / Jt. C.P., Northern Range, who remitted the matter back to the CPIO, North-Dist. with the direction to consider the points mentioned by the appellant in his appeal and to provide relevant, meaningful and specific information as asked for by the appellant in his RTI application. In compliance with the direction of the FAA, the CPIO North-Dist. replied to the appellant through his letter dated 23.04.2009 that, as per the enquiry conducted earlier, no substance was found in the complaint, hence no case was registered under Section 353 IPC, and that the matter is now in the concerned court. Not satisfied with the reply the appellant has filed second appeal before the Commission.
2. The matter was heard on 11.01.2010
3. Sh. Tarun K. Roy, the appellant was present for the hearing.
4. Sh. Man Mohan Sharma, ACP/P.G. Cell, During the hearing the respondent states that complete information has been provided to the appellant, the appellant on the other hand states that he is not satisfied with the reply of the respondent. The appellant further states that the compliant filed by him under the provisions of Section 156(3) CR.P.C. in the concerned court, is not regarding this case at all. He also states that no reply has been furnished to point no. 3 of his RTI application in which he has sought details of action taken by the Police on the communication of Lieutenant M.M. Rehman Offg Proctor of University of Delhi addressed to the DCP.
Decision After hearing the parties and on perusal on the papers I find that the information sought for by the appellant has been provided to him. Even if the complaint filed by the appellant before the concerned court under Section 156/3 Cr.P.C. is on a separate matter, the fact remains that the appellant has been informed that his compliant into the present matter has been duly enquired into by the police and no cognizable case was made out and neither was any case under Section 353 IPC made out. The appellant has grievances about the conclusion reached after the enquiry and some of the queries in his RTI application are to that end. These do not constitute information in terms of Section 2(f) of the RTI, Act. There is no reason to interfere with the replies of the respondent. The matter is disposed off accordingly.
(Sushma Singh) Information Commissioner 11.01.2010 Authenticated true copy:
(P.C. Purkait) S.O. & Asst. Registrar Copy to:
1. Sh. Tarun K. Roy 3/3A Street No. 5, K-Block Gangotri Vihar Delhi-110053
2. Dr. Sagar Preet Dy. Commissioner of Police North Dist.
Civil Lines, Delhi-54
3. Sh. Karnail Singh Jt. Commissioner of Police Northern Range Delhi