Central Information Commission
Ram Mohan Nag vs Delhi Police on 11 August, 2020
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई ददल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No. CIC/DEPOL/A/2018/632752
CIC/DEPOL/A/2018/632753
CIC/DEPOL/A/2018/632755
CIC/DEPOL/A/2018/632757
CIC/DEPOL/A/2018/632759
CIC/DEPOL/A/2018/632760
CIC/DEPOL/A/2018/632779
CIC/DEPOL/A/2018/632868
Shri Ram Mohan Nag ... अपीलकताग/Appellant
VERSUS
बनाम
PIO/Dy. Commissioner of Police, ...प्रनतवादीगण /Respondents
South East Dist. Sarita Vihar,
New Delhi
Through: Shri Govind Sharma, ACP-Kalkaji;
Shri C.P. Bhardwaj, SHO-Govindpuri;
Shri Balram, Inspector-RTI Cell and Shri Brajesh,
SED present through audio conference
Date of Hearing : 10.08.2020
Date of Decision : 11.08.2020
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO Second
No. on Appeal
filed on
632752 11.07.2018 16.08.2018 31.08.2018 28.09.2018 03.10.2018
632753 11.07.2018 16.08.2018 31.08.2018 28.09.2018 03.10.2018
632755 11.07.2018 16.08.2018 31.08.2018 28.09.2018 03.10.2018
632757 11.07.2018 16.08.2018 31.08.2018 28.09.2018 03.10.2018
632759 26.07.2018 28.08.2018 31.08.2018 28.09.2018 03.10.2018
632760 19.07.2018 16.08.2018 31.08.2018 28.09.2018 03.10.2018
632779 27.06.2018 26.07.2018 30.07.2018 28.08.2018 03.10.2018
632868 05.07.2018 26.07.2018 28.07.2018 28.08.2018 03.10.2018
Page 1 of 11
(1) CIC/DEPOL/A/2018/632752
The Appellant filed an RTI application dated 11.07.2018 seeking information on
the following 13 points:
1. Mention name of IO and his designation for investigation of my complaint.
2. Supply recorded statement of all of the Directors of Sheel Biotech Ltd against this
complaint under RTI Act 2005.
3. This organization had allot shares of 72000 shares (25000 & 47000 Shares
Partly) in my name, is this genuine allotment to me than please supply copy of the
nominal value (DD or Cheque) paid by transferor (Self) to transferee (Initial Share
Holder).
4. Please mention Cheque No or DD No handover by transferor to transferee allotment
of these shares.
5. Please supply copy of the Cheque or DD handover by transferor to transferee for
allotment of 72000 shares (25000 & 47000 Shares Partly) shares.
6. Any enquiry initiated or any communication/notification issued to Deputy
Registrar of Companies, Registrar of Companies, Delhi against this complaint than
send me the copy of the same.
7. Please send me the statement recorded by JO by Deputy Registrar of Companies,
RoC Delhi than send copy of the same under RTI Act 2005. And etc.
PIO/DCP (SE Dist.) vide letter dated 16.08.2018 forwarded the reply to the
Appellant provided by the concerned PIO.
Dissatisfied with the reply received from the PIO, Appellant filed a First Appeal
dated 31.08.2018. FAA vide order dated 28.09.2018 directed the PIO/Addl.
DCP/SED to provide present status of the complaint of the Appellant as
mentioned in his RTI application and point wise appropriate information on
point nos. 2 to 13 of RTI Application within 15 working days.
Feeling aggrieved over the non-compliance of the FAA order, Appellant
approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Shri Kumar Gyanesh, PIO/Addl. Dy. Commissioner of Police, South-East Distt., New Delhi vide letter dated 07.08.2020 wherein he has stated that the facts and circumstances of the instant case. He has further stated that the order of the FAA has been complied with on 15.10.2018.
(2) CIC/DEPOL/A/2018/632753 The Appellant filed an RTI application dated 11.07.2018 seeking information on the following 13 points:
1. Mention name of IO and his designation for investigation of my complaint.
2. Supply recorded statement of all of the Directors of Jayshee Investment Pvt. Ltd against this complaint under RTI Act 2005.
3. This organization had allot shares of 14750 in my name is this genuine allotment to me than please supply copy of the nominal value (DD or Cheque) paid by transferor (Self) to transferee (Initial Share Holder).
4. Please mention Cheque No or DD No handover by transferor to transferee allotment of these shares.Page 2 of 11
5. Please supply copy of the Cheque or DD handover by transferor to transferee for allotment of 14750 shares.
6. Any enquiry initiated or any communication/notification issued to Deputy Registrar of Companies, Registrar of Companies, Delhi against this complaint than send me the copy of the same.
7. Please send me the statement recorded by IO by Deputy Registrar of Companies, RoC Delhi than send copy of the same under RTI Act 2005. And etc. PIO/DCP (SE Dist.) vide letter dated 16.08.2018 forwarded the reply to the Appellant provided by the concerned PIO.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 31.08.2018. FAA vide order dated 28.09.2018 directed the PIO/Addl. DCP/SED to provide present status of complaints of the Appellant as mentioned in his RTI application and point wise appropriate information on point nos. 2 to 13 of RTI Application within 15 working days.
Feeling aggrieved over the non-compliance of the FAA order, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Shri Kumar Gyanesh, PIO/Addl. Dy. Commissioner of Police, South-East Distt., New Delhi vide letter dated 07.08.2020 wherein he has stated that the facts and circumstances of the instant case. He has further stated that the order of the FAA has been complied with on 15.10.2018.
(3) CIC/DEPOL/A/2018/632755 The Appellant filed an RTI application dated 11.07.2018 seeking information on the following 13 points:
1. Mention name of IO and his designation for investigation of my complaint.
2. Supply recorded statement of all of the Directors of Blue Ocean Real Estates Pvt. Ltd against this complaint under RTI Act 2005.
3. This organization had allot shares of 25000 in my name, is this genuine allotment to me than please supply copy of the nominal value (DD or Cheque) paid by transferor (Self) to transferee (Initial Share Holder).
4. Please mention Cheque No or DD No handover by transferor to transferee allotment of these shares.
5. Please supply copy of the Cheque or DD handover by transferor to transferee for allotment of 25000 shares.
6. Any enquiry initiated or any communication/notification issued to Deputy Registrar of Companies, Registrar of Companies, Delhi against this complaint than send me the copy of the same. 7. Please send me the statement recorded by IO by Deputy Registrar of Companies, RoC Delhi than send copy of the same under RTI Act 2005. And etc. PIO/DCP (SE Dist.) vide letter dated 16.08.2018 forwarded the reply to the Appellant provided by the concerned PIO.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 31.08.2018. FAA vide order dated 28.09.2018 directed the PIO/Addl.
Page 3 of 11DCP/SED to provide present status of complaints of the Appellant as mentioned in his RTI application and point wise appropriate information on point nos. 2 to 13 of RTI Application within 15 working days.
Feeling aggrieved over the non-compliance of the FAA order, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Shri Kumar Gyanesh, PIO/Addl. Dy. Commissioner of Police, South-East Distt., New Delhi vide letter dated 07.08.2020 wherein he has stated that the facts and circumstances of the instant case. He has further stated that the order of the FAA has been complied with on 15.10.2018.
(4) CIC/DEPOL/A/2018/632757 The Appellant filed an RTI application dated 11.07.2018 seeking information on the following 12 points:
1. Mention name of IO and his designation for investigation of my complaint.
2. Supply recorded statement of all of the Directors of Vitro Biotechnologies Ltd against this complaint under RTI Act 2005.
3. This organization had allot shares of 30000 in my name is this genuine allotment to me than please supply copy of the nominal value (DD or Cheque) paid by transferor (Self) to transferee (Initial Share Holder).
4. Please mention Cheque No or DD No handover by transferor to transferee allotment of these shares.
5. Please supply copy of the Cheque or DD handover by transferor to transferee for allotment of 30000 shares.
6. Any enquiry initiated or any communication/notification issued to Deputy Registrar of Companies, Registrar of Companies, Delhi against this complaint than send me the copy of the same.
7. Please send me the statement recorded by IO by Deputy Registrar of Companies, RoC Delhi than send copy of the same under RTI Act 2005. And etc. PIO/DCP (SE Dist.) vide letter dated 16.08.2018 forwarded the reply to the Appellant provided by the concerned PIO.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 31.08.2018. FAA vide order dated 28.09.2018 directed the PIO/Addl. DCP/SED to provide status of complaint which was sent to PS-Govindpuri through Speed Post as mentioned in the RTI application within 15 working days.
Feeling aggrieved over the non-compliance of the FAA order, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Shri Kumar Gyanesh, PIO/Addl. Dy. Commissioner of Police, South-East Distt., New Delhi vide letter dated 07.08.2020 wherein he has stated that the facts and circumstances of the instant case. He has further stated that the order of the FAA has been complied with on 15.10.2018.Page 4 of 11
(5) CIC/DEPOL/A/2018/632759 The Appellant filed an RTI application dated 26.07.2018 seeking information on the following 9 points:
1. Supply Share Transfer Form (SH 4) Certified True Copy for initial allotment of shares of i.e. SHEEL BIOTECH LTD (72000 of 47000 & 25000), VITRO BIOTECHNOLOGIES LTD (30000 Shares), BLUE OCEAN REAL ESTATES PVT LTD (25000 Shares), JAYSHEE INVESTMENTS PVT LTD (14750 Shares), AMIT CEMENT PVT LTD (45000 Shares).
2. Supply Share Transfer Form (SH 4) Certified True Copy for Final Transfer of shares of i.e. SHEEL BIOTECH LTD (72000 of 47000 & 25000), VITRO BIOTECHNOLOGIES LTD (30000 Shares), BLUE OCEAN REAL ESTATES PVT LTD (25000 Shares), JAYSHEE INVESTMENTS PVT LTD (14750 Shares), AMIT CEMENT PVT LTD (45000 Shares).
3. Supply Share Transfer Form Certified True Copy of notification letter by transferor to the organization of i.e. SHEEL BIOTECH LTD (72000 of 47000 & 25000), VITRO BIOTECHNOLOGIES LTD (30000 Shares), BLUE OCEAN REAL ESTATES PVT LTD (25000 Shares), JAYSHEE INVESTMENTS PVT LTD (14750 Shares), AMIT CEMENT PVT LTD (45000 Shares).
4. Supply Share Transfer Form Certified True Copy of notification letter by transferor to the organization of i.e. SHEEL BIOTECH LTD (72000 of 47000 & 25000), VITRO BIOTECHNOLOGIES LTD (30000 Shares). These organizations already transfer these shares. Please supply initial allotment of shares of these organization i.e SHEEL BIOTECH LTD (72000 of 47000 & 25000), VITRO BIOTECHNOLOGIES LTD (30000 Shares).
5. As per share holder list I may have to buy these shares by depositing or transfer total amount NOMINAL VALUE /CONSIDER AMOUNT of Rs. 18,67,500/- i.e. for Sheel Biotech Ltd (72000 shares of 25000 & 47000 shares partly) Rs. 470000/- & Rs. 250000/-, for Jayshee Investment Pvt. Ltd (14750 shares) Rs. 147500/-, for Amit Cement Pvt. Ltd (45000 shares) Rs. 450000/-, Vitro Biotechnologies Ltd (30000 shares) Rs. 300000/-, Blue Ocean Real Estates Pvt. Ltd (25000 shares) Rs.
250000/- vide face value of Rs. 10/- of all the group of companies. And etc. PIO/DCP (SE Dist.) vide letter dated 28.08.2018 forwarded the reply to the Appellant provided by concerned PIO.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 31.08.2018. FAA vide order dated 28.09.2018 directed the PIO/Addl. DCP/SED to provide point wise appropriate information of his RTI application within 15 working days.
Feeling aggrieved over the non-compliance of the FAA order, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Shri Kumar Gyanesh, PIO/Addl. Dy. Commissioner of Police, South-East Distt., New Delhi vide letter dated 07.08.2020 wherein he has stated that the facts and circumstances of the instant case. He has further stated that the order of the FAA has been complied with on 15.10.2018.Page 5 of 11
(6) CIC/DEPOL/A/2018/632760 The Appellant filed RTI application dated 19.07.2018 seeking information on the following 4 points:
1. Please mention procedure of allotment at the time of initial allotment of shares by the group of companies i.e. Sheel Biotech Ltd, Vitro Biotechnologies Ltd, Jayshee Investment Pvt. Ltd, Blue Ocean Real Estates Pvt. Ltd, Amit Cement Ltd which falls under part of investigation of my complaint.
A. I have so such amount to buy all of these shares of group of companies. Please supply certified true copy of SH 4 Share Transfer Form for initial allotment of shares of 72000 (47000 & 25000 Shares) for SHEEL BIOTECH LTD. As per rules at the time initial allotment Rs. 720000 (Seven Lakh Twenty Thousand Only) amount may be paid by transferee to transferor. Please supply Certified True Copy of the NOMINAL VALUE/CONSIDER AMOUNT paid by transferee to transferor which is the part of investigation of the complaint. Please supply copy of cheque or DD which was handover by me to transferor NOMINAL VALUE OF/CONSIDER AMOUNT of Rs. 720000.00 (Seven Lakh Twenty Thousand).
B. I have so such amount to buy all of these shares of group of companies. Please supply certified true copy of SH 4 Share Transfer Form for initial allotment of shares of 14750 Shares for JAYSHEE INVESTMENT PVT. LTD. As per rules at the time initial allotment Its. 147500.00 (One Lakh Forty Seven Thousand Five Hundred Only) amount may be paid by transferee to transferor. Please supply Certified True Copy of the NOMINAL VALUE/CONSIDER AMOUNT paid by transferee to transferor which is the part of investigation of the complaint. Please supply copy of cheque or DD which was handover by me to transferor NOMINAL VALUE OF/CONSIDER AMOUNT of Rs. 147500.00 (One Lakh Forty Seven Thousand Five Hundred Only).
C. I have so such amount to buy all of these shares of group of companies. Please supply certified true copy of SH 4 Share Transfer Form for initial allotment of shares of 45000 Shares for AMIT CEMEMNT PVT. LTD. As per rules at the time initial allotment Rs. 450000.00 (Four Lakh Fifty Thousand Only) amount may be paid by transferee to transferor. Please supply Certified True Copy of the NOMINAL VALUE/CONSIDER AMOUNT paid by transferee to transferor which is the part of investigation of the complaint. Please supply copy of cheque or DD which was handover by me to transferor NOMINAL VALUE OF/CONSIDER AMOUNT of Rs. 450000.00 (Four Lakh Fifty Thousand Only).
D. I have so such amount to buy all of these shares of group of companies. Please supply certified true copy of SH 4 Share Transfer Form for initial allotment of shares of 25000 Shares for BLUE OCEAN REALESTATES PVT. LTD. As per rules at the time initial allotment Rs. 250000.00 (Two Lakh Fifty Thousand Only) amount may be paid by transferee to transferor. Please supply Certified True Copy of the NOMINAL VALUE/CONSIDER AMOUNT paid by transferee to transferor which is the part of investigation of the complaint. Please supply copy of cheque or DD which was handover by me to transferor NOMINAL VALUE OF/CONSIDER AMOUNT of Rs. 250000.00 (Two Lakh Fifty Thousand Only).
E. I have so such amount to buy all of these shares of group of companies. Please supply certified true copy of SH 4 Share Transfer Form for initial allotment of shares of 30000 Shares for VITRO BIOTECHNOLOGIES LTD.
Page 6 of 11As per rules at the time initial allotment Rs. 300000.00 (Three Lakh Only) amount may be paid by transferee to transferor. Please supply Certified True Copy of the NOMINAL VALUE/CONSIDER AMOUNT paid by transferee to transferor which is the part of investigation of the complaint. Please supply copy of cheque or DD which was handover by me to transferor NOMINAL VALUE OF/CONSIDER AMOUNT of Rs. 300000.00 (Three Lakh Only).
2. Please mention details about initial allotment of shares of SH 4 Share Transfer Form as per rules by the group of companies i.e Sheel Biotech Ltd, Vitro Biotechnologies Ltd, Jayshee Investment Pvt. Ltd, Blue Ocean Real Estates Pvt. Ltd, Amit Cement Ltd which falls under part of investigation of my complaint.
F. Organization Sheel Biotech Ltd claim that all shares are transfer to the company. As per this statement please supply Certify True Copy of SH 4 SHARE TRANSFER FORM for transfer shares of 72000 shares (47000 Shares & 25000 Shares).
G. Organization Jayshee Investments Pvt.. Ltd claim that all shares are transfer to the company. As per this statement please supply Certify True Copy of SH 4 SHARE TRANSFER FORM for transfer shares of 14750 shares.
H. Organization Amit Cement Pvt. Ltd claim that all shares are transfer to the company. As per this statement please supply Certify True Copy of SH 4 SHARE TRANSFER FORM for transfer shares of 45000 shares. I. Organization Blue Ocean Real estate's Pvt. Ltd claim that all shares are transfer to the company. As per this statement please supply Certify True Copy of SH 4 SHARE TRANSFER FORM for transfer shares of 25000 shares.
J. Organization Vitro Biotechnologies Pvt. Ltd claim that all shares are transfer to the company. As per this statement please supply Certify True Copy of SH 4 SHARE TRANSFER FORM for transfer shares of 30000 shares. And etc. PIO/DCP (SE Dist.) vide letter dated 16.08.2018 informed the Appellant that the said complaint was pending with ACP/Kalkaji New Delhi. Hence, the requisite information could not provided to him at that stage.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 31.08.2018. FAA vide order dated 28.09.2018 directed the PIO/Addl. DCP/SED to provide a fresh point wise appropriate information of his RTI application within 15 working days.
Feeling aggrieved over the non-compliance of the FAA order, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Shri Kumar Gyanesh, PIO/Addl. Dy. Commissioner of Police, South-East Distt., New Delhi vide letter dated 07.08.2020 wherein he has stated that the facts and circumstances of the instant case. He has further stated that the order of the FAA has been complied with on 15.10.2018.Page 7 of 11
(7) CIC/DEPOL/A/2018/632779 The Appellant filed an RTI application dated 27.06.2018 seeking information regarding his complaint before the Dy. Registrar of Companies, RoC Delhi & Haryana, New Delhi and Jaipur, Rajasthan.
PIO/DCP (SE Dist.) vide letter dated 26.07.2018 forwarded the reply to the Appellant provided by the concerned PIO.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 30.07.2018. FAA vide order dated 28.08.2018 directed the PIO/Addl. DCP/SED to provide a fresh point wise appropriate information of his RTI application dated 27.06.2018 within 15 working days.
Feeling aggrieved over the non-compliance of the FAA order, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Shri Kumar Gyanesh, PIO/Addl. Dy. Commissioner of Police, South-East Distt., New Delhi vide letter dated 07.08.2020 wherein he has stated that the facts and circumstances of the instant case. He has further stated that the order of the FAA has been complied with on 14.09.2018.
(8) CIC/DEPOL/A/2018/632868 The Appellant filed an RTI application dated 05.07.2018 seeking information on the following 6 points:
1. Please supply copy of the share transfer form SH 4 under RTI Act 2005 for initial allotment of stocks (Sheel Biotech Ltd 47000 & Rs. 25000, Jayshee Investment Pvt. Ltd Rs. 14750, Amit Cement Pvt. Ltd Rs. 45000, Vitro Biotechnologies Ltd Rs.
30000, Blue Ocean Real Estates Pvt. Ltd Rs. 25000 for face value of Rs. 10/- to the group of companies.
2. Please supply copy of the Share Transfer Form SH 4 under RTI Act 2005 for transfer of stocks i.e (Sheel Biotech Ltd 47000 & Rs. 25000, Jayshee Investment Pvt. Ltd Rs. 14750, Amit Cement Pvt. Ltd Rs. 45000, Vitro Biotechnologies Ltd Rs. 30000, Blue Ocean Real Estates Pvt. Ltd Rs. 25000 for face value of Rs. 10/- to the group of companies.
3. Please supply copy of the Nominal Value of shares and consideration amount (DD/Cheque) handover by the transferor and transferee at the time of initial allotment of these stocks i.e (Sheel Biotech Ltd 47000 & Rs. 25000, Jayshee Investment Pvt. Ltd Rs. 14750, Amit Cement Pvt. Ltd Rs. 45000, Vitro Biotechnologies Ltd Rs. 30000, Blue Ocean Real Estates Pvt. Ltd Rs. 25000 for face value of Rs. 10/- to the group of companies.
4. Please supply copy of the Nominal Value of shares and consideration amount (DD/Cheque) handover by the transferor and transferee at the time of final transfer of these stocks (Sheel Biotech Ltd 47000 & Rs. 25000, Jayshee Investment Pvt. Ltd Rs. 14750, Amit Cement Pvt. Ltd Rs. 45000, Vitro Biotechnologies Ltd Rs. 30000, Blue Ocean Real Estates Pvt. Ltd Rs. 25000 for face value of Rs. 10/- to the group of companies.
Page 8 of 115. Copy of the transferor notices issued by transferre for their group of companies holdings at the time of initial allotment i.e (Sheel Biotech Ltd 47000 & Rs. 25000, Jayshee Investment Pvt. Ltd Rs. 14750, Amit Cement Pvt. Ltd Rs. 45000, Vitro Biotechnologies Ltd Rs. 30000, Blue Ocean Real Estates Pvt. Ltd Rs. 25000 for face value of Rs. 10/- to the group of companies.
6. Copy of the transferor notices issued by transferor for their group of companies holdings at the time of final transfer i.e (Sheel Biotech Ltd 47000 & Rs. 25000, Jayshee Investment Pvt. Ltd Rs. 14750, Amit Cement Pvt. Ltd Rs. 45000, Vitro Biotechnologies Ltd Rs. 30000, Blue Ocean Real Estates Pvt. Ltd Rs. 25000 for face value of Rs. 10/- to the group of companies.
[Queries are verbatim] PIO/DCP (SE Dist.) vide letter dated 26.07.2018 forwarded the reply to the Appellant provided by the concerned PIO.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 28.07.2018. FAA vide order dated 28.08.2018 directed the PIO/Addl. DCP/SED to provide a point wise information of his RTI application dated 05.07.2018 within 15 working days.
Feeling aggrieved over the non-compliance of the FAA order, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Shri Kumar Gyanesh, PIO/Addl. Dy. Commissioner of Police, South-East Distt., New Delhi vide letter dated 07.08.2020 wherein he has stated that the facts and circumstances of the instant case. He has further stated that the order of the FAA has been complied with on 14.09.2018.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Registry of this Bench attempted to contact the Appellant at least a dozen times but in vain. During the proceedings of the hearing, Appellant was contacted on +91-870xxxx021, which was disconnected by him. Two more attempts were made to contact the Appellant on +91-901xxxx9864, the connection could not be established.
Respondent is represented by Shri Govind Sharma, ACP-Kalkaji; Shri C.P. Bhardwaj, SHO-Govindpuri; Shri Balram, Inspector-RTI Cell and Shri Brajesh, SED through audio conference. He submitted that the Appellant worked with Sheel Biotech Ltd. during September, 2012 as a Data Entry Operator and was paid a sum of Rs. 10,000/- towards salary. He further submitted that the owners of the aforesaid companies had allegedly allotted thousands of shares in Appellant's name in different companies and that the Appellant was allegedly asked to pay a certain sum running upto lakhs of rupees. He added that, after investigating the said complaint of the Appellant, it was concluded that the Appellant's grievance is in the nature of a civil dispute for which remedy can be Page 9 of 11 sought from an appropriate forum but not from the Delhi Police and this was conveyed to the Appellant as well.
Shri Govind Sharma, ACP-Kalkaji also submitted that the Appellant had approached the jurisdictional Court under Section 156(3) of Criminal Procedure Code, 1973 and he is at liberty to do so again, if he is not satisfied with the investigation of the Respondent.
Commission directed Shri Govind Sharma, ACP-Kalkaji to send relevant details of the aforesaid criminal case as well as any other connected documents that would assist the Bench to dispose all the Second Appeals in a judicious manner.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during hearing, Commission observes that a coordinate Bench of the Commission has heard and decided a similar case vide File no. CIC/DEPOL/A/2018/626054 dated 29.11.2019. It has been further observed that the Appellant had also moved a petition under Section 156(3) of Criminal Procedure Code, 1973 in the Court of Shri Harun Pratap, Ld. MM, Saket Court which was pending adjudication. Further, an action taken report dated 04.06.2018 was also filed by the Respondent before the Ld. MM, Saket Court stating the reasons for not registering the FIR and a copy of the same was also provided to the Appellant.
Shri Govind Sharma has also produced a copy of a letter dated 09.01.2017 addressed to the PF Commissioner and ESI Commissioner, Delhi wherein the Appellant has categorically averred as under:
"...
Sir, I was upset due to some wrong behavior of my colleague and under mental stress, I made a wrong complaint against my company. I have no issue and fully satisfied with my employer. My withdrawal of complaint is not under influence and pressure from anybody.
I withdraw my allegation against the company"
It has been further apprised that the Appellant is still pursuing the case before the Chief Metropolitan Magistrate, South-East, Saket vide CC no. 40156/2019 which is listed for 02.11.2020.
In view of the above mentioned facts, Commission is satisfied with the averments of the Respondent public authority. Appellant is not present for the hearing to buttress his case/demonstrate the cause of dissatisfaction with the information provided by the Respondent public authority. No further adjudication is warranted in the instant matter.
Page 10 of 11With the aforesaid observations, all the eight Second Appeals are disposed off.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514 Page 11 of 11