Central Information Commission
Mr.M K Gaur vs Delhi Police on 20 March, 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/2012/002877
Dated: 20.03.2013
Name of Appellant : Shri M.K. Gaur
Name of Respondent : Delhi Police, Vigilance
Date of Hearing : 05.02.2013
ORDER
Shri M.K. Gaur, hereinafter called the appellant, has filed the present appeal dated 15.9.2011 before the Commission against the respondent Delhi Police, Vigilance for denial of information in response to his RTI-application dated 16.5.2011. The appellant was present whereas the respondent were represented by Shri Rup Lal, ACP.
2. The appellant through his RTI application dated 16.5.2011 sought information on the following nine queries in respect of Enquiry No. 162/10 Dy. No. 1359 dated 2.6.2010: "(1) Complete enquiry report (note-sheets); (2) Status of the Enquiry; (3) Copies of the Evidences/ statements of cross examination of all the witnesses which have been relied upon for concluding the enquiry; (4) The men-rea i.e. reasons and motives behind alleged statement/complaint written by Shri Prem Singh, HC-Traffic for registering the FIR No. 127/2010; (5) Copy of the internal note-sheet in which the approval from ACP/DCP/Jt. CP (Traffic) and ACP/DCP/Jt. CP (Police) for registering an FIR No. 127/2010 was taken/given; (6) Did the Vigilance Department find any fault against S/Shri Prem Singh (HC), Shri Bhagwan (ASI), Vishwa Nath (TI), Man Mohan Relhan (SHO-PS R.K. 2 Case No. CIC/SS/A/2012/002877 Puram) for not taking action as the two complaints dated 29.4.201 in time, if so to what extent. Please give the details and photocopies; (7) What is the time of occurrence of Crime U/s 186 and 353 of the IPC registered in the FIR No. 127/2010; (8) What disciplinary action has been taken against Shri Man Mohan Relhan (SHO-PS R.K. Puram) for detaining Shri M.K. Gaur between 11.45 am to 2.00 pm in his office and not registering his complaint/FIR and not taking any action; and (9) Reasons/ justification of altercation between Shri M.K. Gaur and Shri Prem Singh (HC-Traffic), got converted into violation u/s 196 and 353 of IPC, how the allegations have been justified for filing an FIR. The PCR Officials till 11.59 am have reported that there was no incident of "obstruction in discharge of public functions and any assault or criminal force to deter public servant from discharge of his public duties" and Shri Prem Singh (HC-T) has also not responded such violation till 11.59 am about such altercation". The CPIO vide letter No. ID-1180/11/2738/RTI/Vig dated 14.6.2011 replied the appellant that requisite information/documents as sought by him cannot be provided in view of Section 8(1)(h) of the RTI Act as a case vide FIR No. 127/10 PS-R.K. Puram was still under investigation by local police and the information, if revealed, would impede the process of investigation of the case.
3. Aggrieved with the reply of the CPIO, the appellant filed first appeal on 19.7.2011 before the FAA. The FAA vide order No. (ID-1180(11) 3607/RTI/Vig dated 17.8.2011 concurred with the reply of the CPIO. However, the FAA directed the CPIO to expedite the investigation of the said case, so that requisite information could be provided to the appellant.
4. During the hearing the appellant contended that the FAA was deliberately trying to create confusion by quoting the provisions of Section 8(1) (h) of the RTI Act, which is not applicable in this case since the departmental vigilance enquiry under the provisions of CCS conduct Rules against Shri Prem Kumar (HC- Traffic), Shri Shri Bhagwan, ASI-Traffic, Shri Vishwanath (TI-Traffic) and Shri Manmohan Relhan (SHO) for their misconduct and misuse of powers has 3 Case No. CIC/SS/A/2012/002877 already been completed. The appellant has the right to know the outcome of the departmental vigilance enquiry which has been conducted on his complaint and which has also been completed. An investigation in the FIR against him vide No. 140/10 for violating the provisions u/s 323, 341, 352, 354, 506, 120-B, 34 IPC registered in PS-R.K. Puram, is required to be investigated separately and the appellant has not asked any question or information regarding this investigation vide his application dated 16.5.2011. The CPIO submits that he has no objection in providing complete enquiry report including copy of note sheet, statement of witnesses to the appellant as sought for at Point No. 1 to 3 of the RTI application.
5. In view of the above submissions of the respondent, the Commission hereby directs the CPIO, Delhi Police (Vig) to provide requisite information on Point No. 1 to 3 of the RTI application to the appellant free of cost, along with categorical reply on Point No. 9 within ten days of receipt of this order. The CPIO, Vigilance is further directed to transfer Point No. 4 to 8 of the RTI application to the CPIO, Delhi Police South District within five days of receipt of this order. The CPIO, Delhi Police, South District is hereby directed to provide requisite information on Point No. 4 to 8 within two weeks of receipt of the RTI application.
The matter is disposed of on the part of the Commission with the above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 4 Case No. CIC/SS/A/2012/002877 Address of the parties:
Shri M.K. Gaur, BA-84, DDA Flats, Munirka, New Delhi-110067.
The CPIO, Delhi Police, Vigilance, Police Bhawan, Asaf Ali Road, New Delhi.
The Additional Commissioner of Police/ FAA, Delhi Police, Vigilance, Police Bhawan, Asaf Ali Road, New Delhi.
The Addl. DCP/CPIO, Delhi Police South District, Hauz Khas, New Delhi-110066.