Central Information Commission
Mrgunjan Gahlot vs Delhi Police on 2 November, 2015
CENTRAL INFORMATION COMMISSION
CLUB BUILDING (NEAR POST OFFICE)
OLD JNU CAMPUS, NEW DELHI110067
Decision No. CIC/VS/A/2014/001960/SB
Dated 02.11.2015
Appellant: Ms. Gunjan Gahlot,
H.No. -C23, Avantika
Rohini Sector1, Delhi
Respondent: Central Public Information Officer,
Additional Deputy Commissioner of Police
South District, New Delhi, 1st Floor
DCP Office Complex, Hauz Khas
New Delhi
Date of Hearing: 02.11.2015
ORDER
1. Ms. Gunjan Gahlot filed an application dated 03.03.2014 under the Right to Information Act, 2005 (RTI Act) with the Central Public Information Officer (CPIO), Additional Deputy Commissioner of Police, South District, New Delhi seeking information on 10 points regarding FIR No. 191/13 registered in PS Lodhi Colony including (i) whether the Delhi Police had file an Affidavit before the High Court of Delhi that the cases concerning women will be finalized within a stipulated time frame, (ii) whether accused persons in the matter had been arrested.
2. On not receiving any reply from the CPIO, the appellant filed first appeal dated 21.04.2014 before the First Appellate Authority (FAA). The FAA vide order dated 01.05.2014 observed that CPIO had already provided information to the appellant vide letter dated 07.04.2014. Nonetheless, he directed the CPIO to forward a copy of the letter dated 07.04.2014 to the appellant. The CPIO in the letter dated 07.04.2014 informed the appellant that the queries raised by the appellant is not information under Section 2(f) of the RTI Act. Aggrieved by the information provided by the CPIO, the appellant filed Second Appeal before the Commission on 09.06.2014. Hearing:
3. The appellant Ms. Gunjan Gahlot and the respondent Shri Jagdish Yadav, ACP, Delhi Police were present in person.
4. The appellant submitted that the complete information was not provided to her in response to her RTI application dated 03.03.2014. The appellant submitted that the respondent had not provided a copy of the affidavit filed by South District, Delhi Police in the Hon'ble High Court of Delhi regarding handling of cases relating to rape/molestation of women. Further, a copy of the instructions issued by the O/o DCP South Delhi in this regard has also not been furnished to her. The appellant further submitted that the information was not provided to her within stipulated time.
5. The respondent submitted that no affidavit has been filed by South District, Delhi Police in the Hon'ble High Court of Delhi regarding finalization of concerning women.
Decision:
6. The Commission observes that though the reply of the CPIO dated 07.04.2014 it was dispatched on 30.04.2014. The Commission takes a very serious view of the delay in providing information to the RTI applicant. It is expected that the CPIO on receipt of RTI application shall as expeditiously as possible provide information to the applicant but not later than 30 days of the receipt of the RTI application. In this case, CPIO did not discharge his responsibility properly. In view of this, the CPIO counseled to be more careful in future, so that such lapses do not recur. The CPIO is also directed to ensure that the provisions of the RTI Act are implemented in letter and spirit.
7. The Commission directs the CPIO to provide a copy of the affidavit as well as copy of the instruction issued by the O/o the DCP, South Delhi regarding cases pertaining to rape/molestation of women to the appellant within a period of two weeks from the date of receipt of a copy of this order.
8. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer