Central Information Commission
Sh. Ashwani Kumar vs Delhi Police, P.S. R. K. Puram on 5 January, 2010
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/WB/A/2009/000121
Name of Appellant : Sh. Ashwani Kumar
Name of Respondent : Delhi Police, P.S. R. K. Puram
Background
Sh. Ashwani Kuamr, the Appellant filed an application dated 4.08.2008 under the RTI Act, 2005, wherein in which he sought certain information which was replied to by the DCP/Traffic Headquarter, point-wise as follows:-
"Point No.A Sh. Anil Kumar 'Rajpal' owner of above said CAR, who is handicapped by 40% resides at 19/1, Railways Colony, Sewa Nagar, New Delhi. Reply- The local area traffic personal has visited the residence and found that Mr. Anil Kumar 'Rajpal' is out of Delhi.
Point No. B:- Can a person who doesn't have his both arms complete be allowed to Drive his/her Car in Delhi?
Reply- No. Point no. C:- From his residence i.e. 19/1, Railway Colony, Sew Nagar, New Delhi to his office at Baroda house, New Delhi, has ever Traffic Police checked his driving license?
Reply- No such instance has come to notice. Point No. D:- If yes, then what is his driving license number & it's validity date upto? Reply- Not applicable in view of reply to point A above."
Aggrieved with the reply of the CPIO, the Appellant filed a first appeal before the First Appellate Authority (FAA)/ Addl. DCP, Traffic, Delhi, who vide his order dated 6.10.2008 decided as follows:- "Having carefully gone through the contents of appeal and material available on record, it is found that the appellant had filed an application dated 7.08.2008 under RTI Act, 2005 in which the appellant had sought the information in respect of one Sh. Anil Kumar 'Rajpal' reportedly a handicapped person having 40% disability regarding his driving license. Accordingly, PIO/Traffic had provided the sought information to the appellant vide his office letter No. F.908/RTI/Act/08/5049/Compt.Br/Tr dated 9.09.2008 which is found correct.
Through this appeal the appeallnt has requested to search the office & residence of Sh. Anil Kumar Rajpal. The Right to Information Act, 2005 does not empower the applicant to pressurize the authorities to intrude into the privacy of an individual without any specific reason/grounds. The applicant can seek the information as mentioned in Section 2(f) of RTI Act-2005. As regards the driving license number and its validity date, the applicant may approach the PIO/State Transport Authority, Delhi, if he so desires. Since there is no ambiguity found in the information supplied, the decision of PIO/Traffic, Delhi needs not to be interfered with.
The appeal is disposed off accordingly."
The Appellant thereafter, filed a second appeal before the Commission.
2. The matter was heard on 5.01.2010.
3. Sh. Ashwani Kumar, the Appellant was present.
4. Sh. Vijay Mohan, APIO/T.. Sh. Shachander Mohan, Insp./RTI and Sh. Sudershan Kumar, ASI./Appellate Authority represented the Respondent Public Authority.
Decision After hearing the parties and on perusal of the documents the Commission finds no reason to interfere in the reply / decision of the Respondent.
With these directions / observations the matter is disposed of.
(Sushma Singh) Information Commissioner 5.01.2010 Case No. CIC/WB/A/2009/000121 Authenticated true copy:
(P.C. Purkait) S.O. & Asst. Registrar Copy to:
1. Sh. Ashwani Kumar F-178/F2, Dilshad Colony Delhi
2. Sh. Prabhakar Dy. Commissioner of Police-cum-CPIO 1st Floor, P.S. R. K. Puram Sec/ 12, R. K. Puram Traffic(HQ) New Delhi
3. Sh. Muktesh Chander Addl. Commissioner of Police-cum-AA 1st Floor, P.S. R. K. Puram Sec/ 12, R. K. Puram Traffic(HQ) New Delhi