Central Information Commission
Mr.Col T R Puri vs Ut Of Chandigarh on 9 August, 2012
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal: No. CIC/DS/A/2012/000285
Appellant /Complainant : Col. T.R. Puri, VSM (Retd.),
Chandigarh
Public Authority : Police Department, UT Chandigarh
(Shri Jaswant Singh, DSP/CPIO)
Date of Hearing : 09 August 2012
Date of Decision : 09 August 2012
Facts:
1. Appellant submitted RTI application dated 23 August 2011 before the CPIO, Police Head Quarters, Chandigarh seeking entire court proceedings and copies of the Orders passed by the Hon'ble court in the case of Senior Superintendent of Police v. Deepali Puri dated 4/5/2009 and other related information.
2. Vide CPIO's reply dated 9 November 2011, CPIO informed the Appellant that the required information can be obtained from SHO/PS19.
3. Not satisfied with the reply, Appellant preferred appeal dated 18 October 2011, before the First Appellate Authority.
4. Vide FAA's Order dated 2 December 2011, FAA directed the CPIO to provide information and provide opportunity for the inspection of the documents to the Appellant.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today. Both parties, as above, appeared in person and made submissions.
7. Appellant submits that he has received information in response to his RTI application dated 23.8.2011 only on 9.11.2011, which is beyond the period provided in the RTI Act.
Appeal: No. CIC/DS/A/2012/000285 CPIO submits that he received the RTI application on 14.10.2011 had provided the information on 9.11.2011 and that there was no delay on his part as the said application was routed through several departments before being marked to him. Appellant also submits that information sought at point (iv) has, to date, not been furnished to him. CPIO states that this information is not held by him and is in fact, held by CPIO, Police HQ.
Decision Notice
8. After hearing both parties, Commission notes that CPIO, PHQ transferred the RTI application to ADA/L on 5.9.2011 under Sections 5(4) and 5(5) of the Act. In response, ADA/L forwarded the RTI application to I/C, CRU on 8.9.2011, who further transferred the application to Reader/SSP/Chandigarh. The RTI application was again transferred to PS19, who finally provided the information to the appellant. The Commission notes that such handling of the RTI application is contrary to the letter and spirit of the Act and it is for the public authority to make abundantly clear to the various departments/sections as to who is the holder of the requested information and not toss RTI applications to several departments/sections before it reaches its final destination, thereby losing time and causing harassment to the applicant. Therefore, the Public Authority is directed to take note of this particular case and using this as a test case, set its house in order in terms of maintenance of records and clear identification of holders of information. Further, it is noted that no information in respect of point (iv) has, to date, been provided to the appellant. CPIO, PHQ is directed to provide the requested information within three weeks of receipt of the order. Notice is also issued to the CPIO, PHQ to show cause why penalty should not be imposed upon him for not having provided information to the appellant in terms of Section 20(1) of the Act. He is directed to appear before the Commission for personal hearing on 16.10.2012 at 11.45 PM at UT Guest House, Sector6, Chandigarh.
Appeal: No. CIC/DS/A/2012/000285 (Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Col. T.R. Puri, VSM (Retd.) House No. 49, Sector4 Chandigarh
2. The CPIO Dy. Superintendent of Police Sub Division East , Sector26 UT Chandigarh
3. The Appellate Authority Dy. Inspector Genl. of Police Police Head Quarters, 2nd. Floor Sector9, UT Chandigarh
4. The CPIO Police Headquarters, Sector9, UT Chandigarh
5. The Inspector General of Police Chandigarh Police , Sector9 UT Chandigarh Appeal: No. CIC/DS/A/2012/000285