Central Information Commission
Mr.Sanjay Bhardwaj vs Delhi Police on 8 January, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/001261
Dated: 08.01.2013
Name of Appellant : Shri Sanjay Bhardwaj
Name of Respondent : Delhi Police, IGI Airport
Date of Hearing : 18.12.2012
ORDER
Shri Sanjay Bhardwaj, hereinafter called the appellant has filed the present appeal dated 24.2.2012 before the Commission against the respondent Delhi Police, IGI Airport, New Delhi for not providing correct information in response to his RTI application dated 14.9.2011. The appellant was present whereas the respondent were represented by Shri Sastish Chandra, ACP and Shri Narebder Singh, Inspector.
2. The appellant through his RTI application dated 14.9.2011 sought information on seventeen queries regarding plying of his taxi at IGI Airport. The CPIO vide his letter No. 5269/RTI Cell/IGIA dated 13.10.2011 replied to the appellant.
3. Aggrieved with the reply of the CPIO, the appellant filed first appeal on 14.11.2011 before the FAA. The FAA vide his order No. 938-39/P.Sec. Addl. CP/PCR dated 30.11.2011 directed the CPIO to provide information within seven days on the following: (a) to provide point-wise detail reply on the fresh application of September 2011 submitted by the appellant, (b) Para No. 12 to 2 Case No. CIC/SS/A/2012/001623 clarify how and under what circumstances the taxi of the appellant was stopped at Terminal -I, IGI Airport by the SHO; (c) Copies be supplied in correct manner as required.
4. In compliance with the directions of the FAA, the CPIO vide letter No. 5990/RTI Cell/IGIA dated 9.12.2011 replied to the appellant as follows: "(1) Letter dated 24.5.201 was forwarded to the concerned Police Station for obtaining requisite information. On receipt of reply from the PS it was found that the information related to DIAL/GMR. Therefore his application was forwarded to DIAL/GMR to provide requisite reply; (2) No action is required in this regard. But list of Taxis sought by you was obtained from them and provided to him and the same was received by him on 26.8.2011; (3) As per RTI Act, all the RTI applications were sent to the concerned PS for obtaining reply and on receipt of reply from the concerned a suitable reply was sent within prescribed time period and also forwarded the letters to other concerned departments to provide the relevant reply at their end; (4) This office was not aware of the fact and got to know after getting reply from GMR/DIAL; (5) As per RTI Act all the RTI applications were sent to the concerned PS for obtaining reply and on receipt of reply from the concerned a suitable reply was sent within prescribed time period and also forwarded the letters to other concerned departments to provide the relevant reply at their end; (6) Operation Management and Development of IGI Airport is governed by DIAL as per Operation Management and Development Agreement (OMDA) between AAI and DIAL dated 4.4.2006. The documents containing 6 pages have been already supplied vide letter dated 18.10.2011; (7, 8 & 9) As per RTI Act all RTI applications were sent to the concerned PS for obtaining reply and on receipt of reply from the concerned a suitable reply was sent within prescribed time period time period and also forwarded the letters to other concerned departments to provide the relevant reply at their end; (10 and 11) SHO Terminal-I has not permitted replacement of any taxi at Terminal-I. Replacement of taxi is concern of Delhi Airport Taxi Union. SHO is to look after and maintain law and order situation in the jurisdiction of PS wherever he is deployed; (12 and 16) Taxi of the applicant has not been stopped by SHO Domestic Airport. The taxi of the applicant was stopped by the office bearers of Delhi Airport Taxi Union and the matter was companied to the Police. According to Delhi Airport Taxi Union, the taxi of the applicant is not included in the list of taxis registered with the Taxi Union and no other taxi except the taxis registered with the Union are allowed to take the pre- paid passengers from Terminal-I, IGIA, Delhi. Local Police is to maintain and look after the law and order and take legal action against the offenders as per law, if any. No written Govt. order is available with PS Domestic Airport in this unit. (13) List of the taxis plying at Terminal-3 containing 15 pages has been supplied to the appellant vide letter dated 13.10.1 and received by the applicant on 2.11.11. However, if the list provided to him is not clear and the appellant may 3 Case No. CIC/SS/A/2012/001623 approach the office of the CPIO on any working day with prior intimation and obtain the list which has been received from GMR/DIAL Authorities in the format provided by them; (14 & 15) Taxi No. DL-1T-7370 was not stopped by the local police from plying at Terminal-I. However a PCR Call regarding quarrel was made by complainant on 9.5.2011 which was lodged vide DD No. 41. On enquiry matter was found regarding plying of Taxi No. DL-IT-7370 owned by Mr. Sanjay Bhardwaj at Terminal-I. Mr. Virender Singh Secretary (Delhi Airport Taxi Union Terminal-I) stated that Taxi No. DL-IT-7370 is not yet registered with them, hence at present he is not allowed to ply his above taxi from Terminal-I. Both the parties were directed to solve their matter in the Taxi Union. Since the complainant is habitual of sending the complaints on the same issue again and again, hence at Kalandra u/s 107/150 Cr. P.C. against the appellant and party-II (Virender Singh was prepared by SI Ram Kumar Dahiya vide DD No. 47 dated 11.5.201 and has been sent in the court of SEM South West District. Copies of all the complaints of both the parties has also been attached with the Kalandra; (17) No illegal act has been committed by SHO (Terminal-I) in this matter. He has taken action according to law required for maintenance of law and order and public tranquility/ peace in the area of jurisdiction".
5. The Commission vide its order date 27.11.2012 in case No. CIC/SS/A/2012/001623 in an identical appeal of the appellant, observed that the appellant had approached Public Grievance Commission (PGC) of Govt. of NCT of Delhi. The PGC vide their order dated 24.10.2011 held that it has been explained to the complainant that since the matter is already sub-judice, the PGC cannot interfere in the pending suit. However, as and when any crime takes place the police shall take necessary legal action as per rule. In view of the pendency of Civil Suit, no further action is warranted and therefore the PGC has decided to close the case.
6. Having considered the submissions of the parties, the Commission observes that the appellant has grievances regarding plying of his taxi at Terminal-I of IGI Airport. The Taxi of the appellant was stopped by the office bearer of the Delhi Airport Taxi Union, since the appellant is not included in the list of taxis registered with the Taxi Union and no other taxi except the taxis registered with the Union are allowed to take pre-paid passengers from Terminal- one. The appellant has approached the appropriate forums in this regard. As far as the RTI application is concerned, the respondent have provided requisite 4 Case No. CIC/SS/A/2012/001623 information to the appellant as per record and permissible under the RTI Act, 2005. No action is called for on the part of the Commission.
The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Sanjay Bhardwaj, G-15, Police Colony, Mehram Nagar, Delhi-110037.
The Deputy Commissioner & CPIO, Delhi Police, IGI Airport Unit, Mehram Nagar Police Lines, New Delhi-110037.
The Addl. Commissioner of Police (PCR) & FAA, Delhi Police, Headquarters, MSO Building, I.P. Estate, New Delhi-110002.