Central Information Commission
Rajinder Kumar Sethi vs Delhi Police on 10 May, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2023/115940
Shri Rajinder Kumar Sethi ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Delhi Police, West Distt. ...प्रनतवािीगण /Respondent
Date of Hearing : 08.05.2024
Date of Decision : 08.05.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 24.08.2022
PIO replied on : 28.09.2022
First Appeal filed on : 24.11.2022
First Appellate Order on : 21.12.2022
2 Appeal/complaint received on
nd : 12.04.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 24.08.2022 seeking information on the following points:-
"Action Taken Report and Status of its compliance documents in respect of my Petition dated 23rd March, 2022 along with supporting documents in evidence in respect of the SUBJECT: "COMPLAINT against i) Khup Boih A/c no. 449600100134161 at Punjab National Bank, Vikas Puri, New Delhi
ii) Punjab National Bank F-122, Vikas Puri, New Delhi-110018 through its Branch Manager (IFSC code:PUG0449600) dispatched through Speed Post on 23/03/22 delivered on 28/03/2022 by Janakpuri SO as per INDPOST to be read with my email/confirmation letter dated 30th April, 2022 sent through Regd. post delivered on 06/05/2022 at 15:19:07 by Anil Kumar (Beat No. B 10) as per confirmation by INDPOST."
The CPIO/Addl. DCP, West District vide letter dated 28.09.2022 furnished copy of reply of SHO/Vikas Puri through ACP/Tilak Nagar stating as under:-
"The complaint filed by the applicant was received at this police station having No. 7027/DCP/W dated 01.04.2022 and No. C-1572/ACP/TN dated 11.04.2022 which has registered C-453/SHO/VP dated 14.04.2022. The complaint was marked to SI Ashish for enquiry and the same is pending enquiry with him"Page 1 of 3
It is noted that the CPIO/Addl. DCP, West District had sent another reply dated 18.11.2022 sending copy of the reply received from the I/c Complaint Branch, West District., which revealed the following information:
In this regard, it is submitted that as per record of this branch Diary Clerk, complaint of Mr. Rajinder Kumar Sethi was received from GD/W vide their office No.2715/GDIW dated 28.03.2022 was diarized in this branch vide dairy. No.7027 /C/W dated 01.04.2022.
The enquiry report of said complaint was received from ACP/Tilak Nagar vide RR No. 08 dt.09.11.2022 and the same complaint was filed by competent authority (copy enclosed) The enquiry report attached with the reply, submitted by SI Ashish Yadav, PS Vikaspuri reveals as follows:
"Enquiry conducted and Conclusion:- The complainant was contacted and he told that he lives at 243, New Jawahar Nagar, Jalandhar city 144001, Punjab and the complainant has paid the amount while living at the above mentioned address. Complainant got a mail and asked him to deposit the amount Rs. 6.46 lac in KHUP BOIH a/c no. 4496000100134161 of PNB. Now the present matter pertains to Jurisdiction of Jalandhar, Punjab. No cognisable offence made out in the jurisdiction of PS Vikaspuri hence the present complaint may be filed please.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 24.11.2022. The FAA vide order dated 21.12.2022 held as under:- "Keeping in view of present Appeal, the undersigned carefully gone through the information sought by the appellant, information provided thereon, point raised in 1st Appeal as well as concerned RTI file and reached to the decision that the CPIO/West District vide Letter dated 28.09.2022 & 18.11.2022 has already provided appropriate and available information within the stipulated period under RTI Act-2005. Besides, it is pertinent to mention here that "As per Section 2(f) of the RTI Act-2005, the public authority can only provide information which is available in any material form. Hence, the Act does not require the public authority to deduce some conclusion from the material held and supply the conclusion so deduced to the applicants. The act also does not cast on the public authority any obligation answer queries with prefixes such as why, what when, how and whether. Hence, the information so provided by CPIO/West is found to be correct and no more information in the matter is required to be provided by the undersigned, under provision of RTI Act, 2005."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 11.03.2024 has been received from the Appellant alleging that his complaint has not been investigated nor FIR registered despite lapse of adequate time. The submission has been duly taken on record.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present through video conference Page 2 of 3 Respondent: Shri Raghuvir Singh - ACP, Hq, West District;
Shri Rajveer Singh - SHO, Vikaspuri and Shri Yogesh - HC, RTI Cell were present during hearing. While the Appellant claimed that no information had been given to him nor action taken on his complaint dated 23.03.2022, the Respondent present during hearing reiterated that information available on record with the public authority had been duly furnished to the Appellant, in terms of provisions of the RTI Act.
Decision:
Perusal of records of the case and averments of the parties present for hearing reveals that information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly furnished to the Appellant, in terms of the provisions of the RTI Act. The Appellant had been duly apprised that jurisdiction of his case lies with Punjab Police at Jalandhar. In the given circumstances, no further intervention is warranted in this case, under the RTI Act. The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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