Central Information Commission
Kamal Kumar vs Ut Of Andaman & Nicobar on 9 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/UTOAN/A/2023/137293
Kamal Kumar .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
O/o Supdt. of Police, South
Andaman District, RGT Road,
Near DC Office, Abredeen Bazaar,
AHW Colony, Shadipur, Port Blair,
Andaman and Nicobar Islands 744101. ....प्रनर्वािीगण /Respondent
Date of Hearing : 06.08.2024
Date of Decision : 06.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 08.05.2023
CPIO replied on : 07.06.2023
First appeal filed on : 08.06.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 05.09.2023
Information sought:
The Appellant filed an RTI application dated 08.05.2023 seeking the following information:Page 1 of 9
"a) Copy of enquiry report and also relevant material evidence in respect of complaint addressed to SP(D) SA RD No. 13024 dated 02/08/2022 and enquiry report and also relevant material evidence in respect of complaint dated 18/08/2022 addressed to the Superintendent of Police, South Andaman District, Port Blair both filed by my wife Smti. Sunita Gupta.
b) Copy of enquiry report and also relevant material evidence in respect of RD No. 195 dated 25/07/2022 and in respect of RD No. 212 dated 10/08/2022 addressed to the SHO, PS Aberdeen, Port Blair both filed by my wife Smti. Sunita Gupta.
c) Copy of enquiry report and also relevant material evidence in respect of complaint lodged by me before the Director General of Police, Andaman and Nicobar Islands, Port Blair on 21/02/2023 and complaint lodged by before the Superintendent of Police, South Andaman District, Port Blair on 20/12/2022 and also inter alia mentioned in the same complaint addressed to SHO, Aberdeen's RD No. 308 dated 01/12/2022.
d) Copy of enquiry report and also relevant material evidence in respect of RD No. 09 dated 10/01/2023 addressed to the SHO, PS Aberdeen, Port Blair
e) Copy of enquiry report and also relevant material evidence in respect complaint dated of 09/10/2021, 27/10/2021,05/11/2021,05/12/2021, 16/01/2022,17/01/2022,21/1/2022, 15/07/2022,25/07/2022,06/08/2022, 08/08/2022,10/08/2022,18/08/2022, 22/08/2022,2/09/2022,06/10/2022, 09/09/2021, 04/06/2022 and 16/07/2022 respectively filed by me and my wife Sunita Gupta addressed to the Superintendent of Police, South Andaman District, Port Blair and the SHO, PS Aberdeen, Port Blair.
f) Provide only details with name of authority granted special permission, with date, and file number mentioning statute whether or any special permission granted to D. Lavanya Sundari D/o V. J. Dasan R/o Junglighat since 01/01/2021 to till date to be present within the premise of PS Aberdeen, Port Blair to be present as a Government Official either with cause or official purpose.
g) ubi jus ibi remedium/ CCTV camera installed within the premise of PS Aberdeen is ipso facto of citizen taxes and right cannot be denied with provision adumbrated in Right 10 Information Act, 2005.
h) In view of ut supra axiomatic enunciation provide only details of D. Lavanya Sundari D/o V. J. Dasan R/o Junglighat since 01/01/2021 to till date time spent for how many hours each day either with cause or with official purpose in PS Aberdeen, Port Blair as per CCTV footage.Page 2 of 9
i) Provide only details of D. Lavanya Sundari D/o V. J. Dasan k/0 Junglighat since 01/01/2021 to till date charging her mobile phone everyday regularly for how many hours either with cause or official purpose in PS Aberdeen, Port Blair as per CCTV footage and also provide details of expenditure incurred everyday by PS Aberdeen either with cause or official purpose and also provide the details of name and designation granting permission to charge mobile phone and name of official incurred the payment or paid by Government fund resultantly wasted public taxes either with cause or official purpose.
j) Provide only the details that how many GD Entry complaint and complaint received in dak or orally after receiving the complaint as mentioned at point no. (a), (b), (c), (d) & (e) with name of the complainant and accused with parent's name, dairy no., GD Entry no., dated, name of village with address, Mobile No., section imposed under Indian Penal Code, 1860; when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not in different Police station within Port Blair Tehsil and Ferrargunj Tehsil and details since 01/01/2021 separately as mentioned above.
k) Provide only details of D. Lavanya Sundari D/o V. J. Dasan R/o Junglighat since 01/01/2021 to till date time spent everyday for how many hours in the restricted areas of PS Aberdeen, Port Blair either with cause or official purpose as per CCTV footage.
L) Provide only details of D. Lavanya Sundari D/o V. J. Dasan R/o Junglighat since 01/01/2021 to till date contacting the officials of PS Aberdeen, Port Blair with name, designation and time spent either with cause or official purpose everyday for how many hours in PS Aberdeen, Port Blair as per CCTV footage.
m) Provide only details of D. Lavanya Sundari D/o V. J. Dasan R/o Junglighat since 01/01/2021 to till date total number of time entering in PS Aberdeen, Port Blair either with cause or official purpose as per CCTV footage.
n) Provide only details of D. Lavanya Sundari D/o V. J. Dasan R/o Junglighat since 01/01/2021 to till date total number of hours of time spent in PS Aberdeen, Port Blair either with cause or official purpose as per CCTV footage.
o) Provide only the details as mentioned at point no. (a), (b), (c), (d) & (e) with dairy no., dated, section imposed under Indian Penal Code, 1860;
when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed Οι not since its parturition.
Page 3 of 9p) Provide only details of D. Lavanya Sundari D/o V. J. Dasan R/o Junglighat since 01/01/2021 to till date total number of hours of time spent and no. of time entered in PS Aberdeen, Port Blair with her infected Indian Street Dogs suffering fron various chronic disease either with cause or official purpose as per CCTV Footage.
q) Copy of enquiry report and also relevant material evidence in respect of complaint dated 13/04/2023, and 19/04/2023 respectively filed by me former addressed to the Superintendent of Police, South Andaman District, Port Blair and latter to the SHO, PS Aberdeen, Port Blair and also provide only the details with dairy no., dated, section imposed under Indian Penal Code, 1860; when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed Or not since. its parturition.
r) Copy of GD entry/ Ravangi Register/Dial 100 dated 06/05/2023 Police Officials entered suo moto in my premise whether to murder, abduct my family members consisting of ladies and my teenage girl child or to implicate me in sexual harassment case or to commit sexual harassment against my family or to implicate our family members in other case under the provisions of Indian Penal Code, 1860 consisting of altogether 511 section with various amendment and to further provide the details of section under the provisions of Indian Penal Code, 1860 in which myself and my female family members are detrimental of life and liberty, could be implicated, therefore ipso jure mandated under the provisions of sine qua non sacrosanct right under section 3 of 'Right to Information Act,2005; as Police Officials are consistently entering my residential house as the onus probandi is upon the Police Officials or Public Information Officer discharging the duties of Superintendent of Police, South Andaman also to prove.
s) Provide only the details of GD entry/ Ravangi Register/Dial 100/diary number since 15/08/1947 m respect of the complaint lodged by others compelled the Police officials to investigate including my premises and nearby locality with a differentiation between 06/05/2021 15/08/1947 and to thereafter 07/05/2021 to till date; details consist with name of the complainant and accused with parent's name, dairy no., GD Entry no., dated, name of village with address, Mobile No, telephone number, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not as my parents are above 85 years of age, as it is detrimental to their life and Page 4 of 9 liberty and whose blood pressure, sugar level, heart beat raises. On the mere appearance of Police Officials entering in my premises.
t) Copy of GD entry/ Ravangi Register/Dial 100 dated 21/12/2022 in respect of the complaint lodged by my wife Smti. Sunita Gupta Ro Junglighat against D. Lavanya Sundari D/o Late V. J Dasan R/o Junglighat attended in my house by Pink Police from Police Station, Women Cell along with report generated after that.
u) Provide only the details of name of the complainant and accused with parent's name, dairy no., GD Entry no., dated, name of village with address, Mobile No., telephone number, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not who has complained for the highest time and committed highest numbers of crime within the jurisdiction of the Police Station under Ferrargung and Port Blair Tehsil and also of D. Lavanya Sundari with same details as mentioned above under Ferrargung and Port Blair Tehsil since her parturition.
v) Provide only the details of numbers of complaint lodged by D. Lavanya Sundari R/o Junglighat against others and against us with parent's name, dairy no., GD Entry no., dated, name of village with address, Mobile No., telephone number, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
The CPIO furnished a reply to the Appellant on 07.06.2023 stating as under:
A. Certified copies containing 05 pages are available. b. Enquiry is under progress. Hence the information sought by the applicant is exempted under the ambit of section 8(1)(h) of RTI Act 2005. c. Enquiry is under progress. Hence the information sought by the applicant is exempted under the ambit of section 8(1)(h) of RTI Act 2005. d. Enquiry is under progress. Hence the information sought by the applicant is. exempted under the ambit of section 8(1)(h) of RTI Act 2005. e. Enquiry is under progress. Hence the information sought by the applicant is exempted under the ambit of section 8(1)(h) of RTI Act 2005.
f. No such permission has been given.
g. The information sought by the applicant is not clear.
h. The information sought by the applicant is exempted under the ambit of
section 8(1)(g)(j) of RTI Act 2005.
Page 5 of 9
i. The information sought by the applicant is exempted under the ambit of
section 8(1)(g)(j) of RTI Act 2005.
j. The information sought in Point (n) is already been provided. Further the
information sought in Point (b), (c), (d) & (c) are under enquiry at PS Aberdeen and exempted under the ambit of section 8(1)(h) of RTI Act 2005.
k. The information sought by the applicant is exempted under the ambit of section 8(1)(g)(j) of RTI Act 2005.
L. The information sought by the applicant is exempted under the ambit of section 8(1)(g)(j) of RTI Act 2005.
m. The information sought by the applicant is exempted under the ambit of section 8(1)(g)(j) of RTI Act 2005..
n. The information sought by the applicant is exempted under the ambit of section 8(1)(g)(j) of RTI Act 2005...
o. The information sought in Point (a) is already been provided. Further the information sought in Point (b), (c), (d) & (c) are under enquiry at PS Aberdeen and exempted under the ambit of section 8(1) of RTI Act 2005. p. The information sought by the applicant is exempted under the ambit of section 8(1)(g)(j) of RTI Act 2005.
q. The information sought by the applicant is exempted under the ambit of section 8(1)(h) of RTI Act 2005.
r. No such GD entry is available.
s. Certified copies containing 04 pages ore available.
t. Certified copies containing 02 pages are available
u. The information sought by the applicant in exempted under the ambit of
section 8(1)(j) of RTI Act.
v. The complaints lodged by Lavanya Sundari R/o Junglighat against others
is exempted under the ambit of section 8(1)(j) of RTI Act 2005. Further, the details of number of complaints lodged by D. Lavanya Sundari R/o Junglighat against the applicant and his wife.
SL. No. Complaint No. & dated Status 1. 196/21 dated 09/09/21 Disposed 2. 64/22 dated 25/03/22 Disposed 3. 181/22 dated 19/07/22 Disposed 4. 210/22 dated 10/08/22 Disposed 5. 341/22 dated 09/12/22 Disposed
The available document, containing 11 pages, which may be collected from the office of the undersigned after depositing Rs.22/- with the Cashier at DHQ, as Page 6 of 9 per the provision of A & N Islands Right to Information (Regulation of Fee and Cost) Rules, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 08.06.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Maj. VHF Augustin, Inspector (Coordn.)/ PIO, South Andaman Distt. Present through video-conference.
A written submission dated 06.08.2024 filed by the Appellant is taken on record. He invited attention of the Commission towards the contents of his written submission wherein he inter alia pleaded as under -
"That even diary no. date of application, section imposed, when marked to different officials with name, number of days of pendency with different officials with name, FIR No. GR No., Charge Sheet filed or not in respect of Point No. j, o, q in respect of my RTI application dated 08/05/2023 not provided.
CCTV footage require at Point No. h, i, l, m, n, k& p of my RTI application dated 08/05/2023 but not provided hence destroyed and FIR to be lodged under Section 204 of Indian Penal Code, 1860 read with section 7 of Information Technology Act, 2000 and read withe sub section 1 & 2 of Section 20 of the RTI Act, 2005.
SHO's Diary no. C 238 dated 03/09/2022, SHO's Diary no. C 174/02 dated 11/07/2023, GD Entry No. 001 dated 21/10/2021, GD Entry No. 73 dated 16/07 2022, GD Entry No. 20 dated 17/07/2023, GD Entry No. 1138 dated 07/05/2021, Complaint dated 23/09/2021 is destroyed by Public Information Office hence FIR to be lodged under section 9 of the Public Page 7 of 9 Records Act, 1993 read with sub section 1 &2 of section 20 of the Right to Information Act, 2005.
As mentioned at Point No. v of my RTI application dated 08/05/2023 the details of office whether of SHO's office; SP's office or whether of the office of Director General of Police not mentioned in reply of Public Information Officer.
No information provided by the Public Information Officer as directed by First Appellate Authority hence requested to impose penalty under sub section (1) of section 20 of the Right to information Act, 2005, to proceed disciplinary action under sub section (2) of section 20 of the Right to information Act, 2005, to provide information free of cost under sub section (6) of section 7 of the Right to information Act, 2005; to allow compensation under clause (b) of sub section (8) of section 19 of the Right to information Act, 2005; to impose penalty under clause (c) of sub section (8) of section 19 of the Right to information Act, 2005and Affidavit to be filed under clause (c) sub section 3 of section 18 of Right to information Act, 2005 that information can be denied to Parliament as envisages under the proviso of section 8 of Right to Information Act, 2004 and also to proceed under Contempt of Court Act as Commission has power of Hon'ble Court and also. submission made on 06/08/2024 before the Hon'ble Chief Information Commissioner to be allowed both the instant matter."
Respondent vaguely claimed that point-wise reply has been provided to the Appellant. However, upon being queried by the Commission he was unaware of the fact as to whether the First Appeal has been adjudicated by the FAA or not.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the core contention raised by the Appellant in this Appeal was non-compliance of FAA's order. However, there is nothing on record filed by the parties to show as to Page 8 of 9 what order has been passed by the FAA or to clarify as to whether First Appeal has been adjudicated or not.
In view of the above, the Appellant is directed to provide a copy of FAA's order to the Respondent within 1 week of the receipt of this order and the Respondent upon receipt of it is directed to check their office records and provide a revised updated point-wise information to the Appellant as per the provisions of the RTI Act, thereafter, within 4 weeks.
First Appellate Authority to ensure compliance of the directions.
Notwithstanding the above, the Commission is not inclined to accept the contentions of the Appellant to initiate action against the PIO under Section 20 of the RTI Act in the absence of establishment of mala fide intent on the part of Respondent.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, O/o Supdt. of Police, South Andaman District, RGT Road, Near DC Office, Abredeen Bazaar, AHW Colony, Shadipur, Port Blair, Andaman and Nicobar Islands 744101.Page 9 of 9
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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