Central Information Commission
Kamal Kumar vs Ut Of Andaman & Nicobar on 25 August, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/UTOAN/A/2024/104644
Kamal Kumar .....अपीलकता/Appellant
VERSUS
बनाम
The PIO
DSP (HQ), Anadaman & Nicobar
Police, Port Blair - 744101 .... ितवादीगण /Respondent
Date of Hearing : 25.07.2025
Date of Decision : 22.08.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 11.10.2023
CPIO replied on : 23.11.2023
First appeal filed on : 11.12.2023
First Appellate Authority's order : 23.12.2023
2nd Appeal/Complaint dated : 13.02.2024
Information sought:
1. The Appellant filed an (offline) RTI application dated 11.10.2023 seeking the following information:
"1) The copy of dispatch register in respect of letter no. SP (D) SA/RTI/70/2023/2964 dated 07/06/2023 issued by the PIO/ Superintendent of Police, South Andaman.
2) Provide information with respect to my complaint dated 21/06/2023 addressed to the Superintendent Of Police, South Andaman; complaint dated 24/05/2023 addressed to the Station House Officer, PS Aberdeen Page 1 of 6 and to Director General of Police, A & N Islands regarding my personal mobile phone 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.
3) Provide probono publica copy of complaint number 196/21 dated 09/09/2021; 64/22 dated 25/03/22; 181/22 dated 19/07/2022; 210/22 dated 10/08/2022 and 341/22 dated 09/12/2022 lodged by D. Lavanya Sundari 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 sine qua non required stare decisis for ad litem.
4) Provide probono publica certified copy of entire First Information Report bearing FIR No. 127/2021 dated 21/10/2021 with all relevant documents and statements lodged mala fidely against my wife Smt. Sunita Gupta since its parturition sine qua non required stare decisis for ad litem.
5) Provide probono publica certified copy of entire First Information Report bearing FIR No. 98/2022 dated 30/05/2022 with all relevant documents and statements lodged malafidely against my wife Smt. Sunita Gupta since its parturition sine qua non required stare decisis for ad litem.
6) Provide copy of notice issued vide F No. DGP/RTI/Appeal/09/2023/1960 dated 19/04/2023 issued by the Deputy Inspector General of Police (Intelligence), Police Head Quarter, Port Blair.
7) Provide copy of notice issued vide F No. DGP/RTI/Appeal/09/2023/1981 dated 29/04/2023 issued by the Deputy Inspector General of Police (Intelligence), Police Head Quarter, Port Blair.
8) Provide original pen drive handed over to Panchu, Sub Inspector consisting of electronic evidence against D. Lavanya Sundari as mentioned in my wife's complaint dated 18/08/2022 addressed to the Superintendent of Police, South Andaman.Page 2 of 6
Provide copy of dispatch register in respect of No. DGP/RTI/Appeal/09/2022/2104 dated 02/04/2023 issued by the Deputy Inspector General of Police (Intelligence), Police Head Quarter, Port Blair.
11) Provide copy of Appeal dated 29/03/3023 along with all related documents filed before the Deputy Inspector General of Police (Intelligence), Police Head Quarter, Port Blair,
12) Provide probono publica only the details or certified copy of Daily Attendance Sheet, Station Leaving Permission of Department, entry made to and fro in Jirkatang, Middie Strait, 10 No., 03 No. Check Post, Ship ticket issued in respect of Shri. Dheeraj, Sub Inspector since his posting under the disposition of Office of the Superintendent Of Police, North and Middle Andaman District, Mayabunder.
13) Provide probono publica only the details or certified copy of Daily Attendance Sheet, Station Leaving Permission of Department, entry made to and fro in Jirkatang, Middle Strait, 10 No., 03 No. Check Post, Ship ticket issued in respect of Shri. Inderjeet, Sub Inspector since his posting under the disposition of Office of the Superintendent Of Police, North and Middle Andaman District, Mayabander.
14) Provide probono publica copy of complaint lodged by Smti. Nisha W/o Sandeep Kishen on 02/08/2023 against D. Lavanya Sundari R/o Junglighat, village that she threatened her 07 Years old girl child and intimidated her girl child. It is requested to provide the complaint Diary Number, GD Entry, Statement of D. Lavanya Sundari and CCTV Footage of PS Aberdeen Dated 02/08/2023.
15) Provide probono publica only the CCTV footage of 29/07/2023 from 10.30 AM to 1.30 PM of D. Lavanya Sundari within the premise of PS Aberdeen either entered with cause or not.
16) Provide the name and designation of 4 Nos. of constables came to my house in bike no. AN 01 00267 & AN 01 0035 had ad libitum made criminal trespass in my house on 2/09/2023 at 9. 45 PM and tried to rape, abduct, murder, outrage the modesty, criminal trespass, force, assault, extortion to my wife hard to sanction jural imprimatur is sine qua non required ad litem.
17) Provide the name of the owner and copy of RC Book in respect of bike no. AN 01 00267 & AN 01 0035.
18) Provide the certified copy of GD Entry, Ravangi Register, Dial 100 or the details of Mobile no. with name of owner who received the call and copy of complaint received against under the influence of which 4 Non. of constables res gestae came to my house in bike no. AN 01 00267 & AN 01 0035 had ad libitum made criminal trespass in my house on 2/09/2023 at 9. 45 PM and tried to rape, abduct, murder, outrage the modesty, criminal trespass, force, assault, extortion to my wife hard to Page 3 of 6 sanction jural imprimatur and complaint Dairy Number, dated, report generated thereafter by the department 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 section imposed under Indian Penal Code, 1860 sine qua non required ad item."
2. The APIO/ Dy. Superintendent of Police (HQ) furnished a reply to the Appellant on 23.11.2023 stating as under:
"6, 7, 9 & 11. The requisite information may be collected from the office of the APIO (HQ) on payment as per section 7(1) of RTI Act. 2005."
3. Being dissatisfied, the appellant filed a First Appeal dated 11.12.2023. The FAA vide its order dated 23.12.2023, held as under.
"The undersigned being the First Appellate Authority has carefully examined the RTI file and all available records. After careful examination of the RTI file and available records the undersigned is of the view that the RTI application was received to the PIO/SP(HQ) as transfer from PIO/SP(DSA on dated 06/11/2023 and the information was provided to the applicant on 23/11/2023 which is within the stipulated time period of 30 days Hence, the decision of the Public Information Officer/SP(HQ) is therefore, upheld."
4. 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: 1. Shri Vikas Swami, Superintendent of Police, HQ, Andaman & Nicobar; and 2. Shri Ajay Kumar Rai, Dy. S.P. South Andaman, appeared through video conference.
5. Proof of having served a copy of Second Appeal/ Complaint on respondent while filing the same in CIC on 13.02.2024 is available on record at page 2.
6. The Appellant inter alia submitted that desired information was not provided by the Respondent till the date of hearing. He submitted that he went Page 4 of 6 for inspection to the but failed to substantiate the same by producing necessary documents.
7. The Respondent No. 1 while defending their case inter alia submitted that information pertaining to points 6, 7, 9 & 11 related to his office and inspection of relevant records was duly offered. However, the Appellant did not avail the same. He further submitted that information sought on rest of the points pertained to office of S.P. South Andaman.
8. The Respondent No. 2 (Shri Ajay Kumar Rai, Dy. S.P., South Andaman) submitted that he had already replied to the RTI application in respect of the points concerning them. However, a copy of such reply was not available on record before the Commission.
Decision:
9. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the RTI application contained multiple queries, in which point Nos. 6, 7, 9 & 11 of the RTI application pertained to the Respondent No. 1 (SP HQ) and rest of the points pertained to Respondent No. 2 (South Andaman).
10. Respondent No. 1 offered inspection of relevant records, but there is no evidence that the Appellant could properly access them. Inspection is a valuable Right under Section 2(j)(i) of the RTI Act, and in the interest of natural justice, one more opportunity must be granted. As regards Respondent No. 2, although it was submitted that a reply was furnished, no copy of such reply is available in the record of the Commission. In the absence of evidence of compliance, the Commission finds it appropriate to direct Respondent No. 2 to provide a point-wise written reply afresh.
11. In view of the above, the Commission directs the Respondent No. 1 (SP HQ, Port Blair) to facilitate one more opportunity of inspection of all relevant records covered under points 6, 7, 9 & 11 of the RTI application, at a mutually convenient date and time, within four weeks of receipt of this order. The intimation of the date and time of the inspection shall be provided to the Page 5 of 6 Appellant by the PIO telephonically and in writing well in advance. In the process of facilitating the inspection and providing subsequent copies of the record the CPIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 (1) of the RTI Act. Copy of documents that the Appellant desires during the inspection shall be provided by the PIO on payment of requisite fees as per the Rules/Act.
12. Further, the Respondent No. 2 (Dy. SP, South Andaman) shall provide a clear, point-wise written reply to the Appellant in respect of all points pertaining to their office, within four weeks of receipt of this order, free of cost.
13. The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Office of the DGP, Anadaman & Nicober Police, Port Blair - 744101 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)