Central Information Commission
Sushil Manglani vs Delhi Police on 5 April, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2017/152216
Sushil Manglani ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, O/o Asstt. Commissioner of ...प्रनतवािीगण /Respondents
Police, Section IV: Economic
Offences Wing, Mandir Marg,
Delhi.
Relevant dates emerging from the appeal:
RTI : 23.04.2017 FA : 23.05.2017 SA : 21.07.2017
CPIO : 23.05.2017 FAO : 23.06.2017 Hearing : 04.04.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Deputy Commissioner of Police, Delhi Police, New Delhi, seeking information on nine points, including, inter-alia, (i) the total number of complaints registered against Page 1 of 4 TDI Infrastructure Limited other than FIR No. 36/2010, and (ii) the details of the complaints withdrawn or settled booked against FIR No. 36/2010.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO has wrongly denied the information sought vide point nos. 6 to 9 of the RTI application under Section 8(1)(e), (g), (h) and (j) of the RTI Act. The appellant requested the Commission to direct the CPIO to provide the information sought for.
Hearing:
3. The appellant was not present despite notice. The respondent Shri Yadram, SI, Delhi Police, Delhi was present in person.
4. The respondent submitted that point-wise information as per the available records has been provided to the appellant vide letter dated 23.05.2017. He further stated that the information sought by the appellant vide point nos. 6 to 9 of the RTI application regarding the complaints and FIRs registered against TDI Infrastructure Limited pertains to personal information of third parties, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties. Hence, its disclosure is exempted under Section 8(1)(j) of the RTI Act.
Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that an appropriate response has not been provided to the appellant on point nos. 6, 7 and 8 of the RTI application. The Commission Page 2 of 4 further notes that the appellant had only sought to know the total number of FIRs/complaints registered against TDI Infrastructure Limited and those clubbed with FIR No. 36/2010. However, the CPIO has wrongly denied the same under Section 8(1)(e), (g), (h) and (j) of the RTI Act. The Commission, therefore, directs the CPIO to provide statistical information, point wise, in response to point nos. 6, 7 and 8 of the RTI application to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission. The Commission, however, agrees with the submissions of the respondent that the statements of other complainants recorded during the investigation in FIR No. 36/2010 cannot be provided to the appellant since the disclosure of information would endanger the life and physical safety of the persons concerned. Hence, disclosure of the information sought vide point no. 9 of the RTI application is exempted under Section 8(1)(g) of the RTI Act. Hence, no further intervention of the Commission is required in the matter.
6. With the above observations, the appeal is disposed of.
7. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 05.04.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 3 of 4 Addresses of the parties:
1. The First Appellate Authority (FAA) O/o Asstt. Commissioner of Police, Section IV: Economic Offences Wing, P.S. Mandir Marg Complex, Mandir Marg, New Delhi- 110001.
2. The Central Public Information Officer (CPIO) O/o Asstt. Commissioner of Police, Section IV: Economic Offences Wing, P.S. Mandir Marg Complex, Mandir Marg, New Delhi- 110001.
3. Shri Sushil Manglani Page 4 of 4