Central Information Commission
Monika Gupta vs Delhi Police on 21 August, 2023
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/Second Appeal No.
CIC/DEPOL/A/2022/124447 CIC/DEPOL/A/2022/159277
CIC/DEPOL/A/2022/124402 CIC/DEPOL/A/2022/124451
CIC/DEPOL/A/2022/137217 CIC/DEPOL/A/2022/125977
CIC/DEPOL/A/2022/144428 CIC/DEPOL/A/2022/126001
CIC/DEPOL/A/2022/144336 CIC/DEPOL/A/2022/126007
CIC/DEPOL/A/2022/158396 CIC/DEPOL/A/2022/126239
Ms. Monika Gupta ... अपीलकता/Appellant
VERSUS/बनाम
1. PIO, Delhi Police, Central District ... ितवादीगण /Respondent
Through: Inspector Mahesh Bhargav and
SI Subhash Chander
2. PIO, Delhi Police, North West District
Through: ACP Swadesh Prakash; Insp. Sudhir
Sharma; Sii Jitender Kumar; ASI Vijay Singh and
SI Amit
Date of Hearing : 21.08.2023
Date of Decision : 21.08.2023
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
124447 04.03.2022 01.04.2022 08.04.2022 04.05.2022 24.05.2022
124402 04.03.2022 01.04.2022 08.04.2022 04.05.2022 24.05.2022
137217 29.04.2022 27.05.2022 10.06.2022 27.06.2022 04.08.2022
144428 26.05.2022 23.06.2022 08.07.2022 29.07.2022 16.09.2022
144336 30.05.2022 01.07.2022 18.07.2022 13.08.2022 16.09.2022
158396 11.07.2022 11.08.2022 17.09.2022 17.10.2022 14.12.2022
159277 23.09.2022 22.10.2022 16.11.2022 09.12.2022 19.12.2022
124451 19.02.2022 16.03.2022 25.03.2022 - 24.05.2022
125977 24.01.2022 14.02.2022 19.02.2022 23.03.2022 01.06.2022
Page 1 of 10
126001 10.03.2022 05.04.2022 11.04.2022 13.05.2022 01.06.2022
126007 16.03.2022 05.04.2022 11.04.2022 13.05.2022 01.06.2022
126239 16.03.2022 05.04.2022 17.04.2022 23.05.2022 02.06.2022
Information soughtand background of the case:
1. CIC/DEPOL/A/2022/124447 The Appellant filed an RTI application dated 04.03.2022 seeking the following information:-
1. Please give me the complete ATR on my DD No. 71-B dated 16.07.2018 with all the investigation done on the concerned complaints and all the bayans copies of the alleged persons and also my statement copy during investigation?
2. Please give me the Rojnamcha copy of the same complaint DD No. 86-B dated 10.07.2018.
3. Please provide all the details & documents copies of the investigation by the IO of this case to me.
Etc. The PIO/Addl. Dy. Commissioner of Police (I), North West District vide letter dated 01.04.2022replied as under:-
1. Points No. 1,3,4&5 - The requisite documents have been obtained from HAC/NW, which are being enclosed herewith (Total 07 pages).
2. Point No. 2 - The copy of requisite documents has been obtained from SHO, Shalimar Bagh which is being enclosed herewith. (Total 01 page) Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.04.2022.The FAA/Deputy Commissioner of Police, North West District, Delhi vide order dated 04.05.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
2. CIC/DEPOL/A/2022/124402 The Appellant filed an RTI application dated 04.03.2022 seeking following information:-
1. Please give me the complete ATR on my DD No. 86-B dated 10.07.2018 with all the investigation done on the concerned complaints and all the bayans copies of the alleged persons and also my statement copy.
2. Please give me the Rojnamcha copy of the same complaint DD No. 86-B dated 10.07.2018.
3. Please provide all the details & documents copies of the investigation by the IO of this case to me.Page 2 of 10
4. If there is no action done on the alleged person as mentioned in the complaints or any investigation on them, please give me the valid reason for (or legal reason for the same) because I have all the proofs to prove my say.
The PIO/Addl. Dy. Commissioner of Police (I), North West District vide letter dated 01.04.2022 replied as under:-
Points No. 1 to 4 - The similar information is being provided to the applicant in response to her another RTI application at 04.03.2022 which was received in the office vide ID No. 451/22/RTI-Cell/NWD dated 04.03.2022.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.04.2022.The FAA/Deputy Commissioner of Police, North West District, Delhi vide order dated 04.05.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
3. CIC/DEPOL/A/2022/137217 The Appellant filed an RTI application dated 29.04.2022 seeking following information:-
(i) Action taken report and rojnamcha on her complaint [DD No. 66A] dated 01.04.2022 filed in Shalimar Bagh, Police Station.
(ii) Action taken report and rojnamcha on her PCR call reference no.
4947983 dated 24.04.2022
(iii) Action takenon her grievance no. 2022040498 dated 31.03.2022 on PGMS Portal.
Etc. The PIO/Addl. DCP (I), North West District vide letter dated 27.05.2022 furnished to the Appellant a copy of a self-explanatory report obtained from ACP/Shalimar Bagh/NWD. A copy of the ATR with respect to complaints DD No. 66A and 92A was provided with the information that since no cognizable was made out no investigation was carried out.
The PIO/Addl. DCP (I), North West District vide letter dated 27.05.2022 furnished to the Appellant a copy of a self-explanatory report obtained from ACP/Shalimar Bagh/NWD.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.06.2022.The FAA/Deputy Commissioner of Police, North West District, Delhi vide order dated 27.06.2022 directed the PIO/NWD, Delhi to provide specific information to the appellant on her RTI application within 04 weeks from the receipt of the order.
Page 3 of 10In compliance of the FAA's order dated 27.06.2022, CPIO/Addl.DCP(I) vide letter dated 19.07.2022 furnished the following information:-
2. The copy of DD No. 66A is enclosed herewith (Total 1 page). The ATR has already been provided to the Appellant vide this office letter no. ID No. 916/22/2054/RTI-Cell/NWD dated 27.05.2022.
4. The action taken report in respect of complaint No. 2022040498 made on PGMS portal is enclosed herewith (Total 1 page) Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
4. CIC/DEPOL/A/2022/144428 The Appellant filed an RTI application dated 26.05.2022 seeking following information:-
1. Please give me the complete ATR on the PCR call I made on 18.05.2022. 5084611 reference No.? withRoznamcha copy.
2. Please give me the complete ATR on the PCR call I made on 18.05.2022 reference no. 5884668 with Roznamcha copy?
3. Please give me the complete ATR on the PCR call I made on 18.05.2022 reference no. 5084759 with Roznamcha copy?
Etc. The PIO/Addl/. Dy. Commissioner of Police (I), North West District vide letter dated 23.06.2022 replied as under:-
Points No. 1, to 3 - As per report obtained from ACP/Shalimar Bagh, the applicant has made three repeated PCR Calls regarding the construction at AG-198, Shalimar Bagh, Delhi. On receipt of the calls the construction was got stopped immediately and intimation was also sent to MCD. The photocopy of the DD entry is attaché. (Total-01 page). Point 4 - As per report obtained from ACP/Shalimar Bagh, the PCR call as mentioned in the RTI application was filed as there was no misbehavior foundon the part of police personnel. The photocopy of DD entry is enclosed(Total-01 page).
Point No. 5- As per report obtained from HAC/NWD, the complaint in question is pending enquiry with PS Shalimar Bagh. Point No. 6- As per report obtained from HAC/NWD, no such complaint is found to be traced on the PGMS Portal.
Point 7 & 8- The ATR of the complaint mentioned in the RTI Application procured from HAC/NWD is enclosed herewith (Total 01 page). Point No. 9- The ATR of the e-mails mentioned in the RTI application procured from HAC/NWD is enclosed herewith(Total 01 page). Point No. 10 - As per report obtained from ACP/Shalimar bagh, no such complaint is found to be received vide DD No. 66A dt. 01.05.2022.Page 4 of 10
Point 11 - As per report obtained from ACP/Shalimar Bagh, the complaint mentioned in the RTI application has been filed as no cognizable offence is found to be made out.
Point 12 - The applicant did not mention any specific reference No. & date of the requisite information. However, the applicant may visit police station Shalimar Bagh of this district on any working day (Monday to Friday) between 10.00 AM to 5.00 PM to inspect the permissible record related to him under the provision of RTI Act-2005 and Section 4(f) of RTI Rules-2012 for which necessary directions have been issued to SHO Police Station Shalimar Bagh of this district.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.07.2022.The FAA/Deputy Commissioner of Police, North West District, Delhi vide order dated 29.07.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
5. CIC/DEPOL/A/2022/144336 The Appellant filed an RTI application dated 30.05.2022 seeking information on her complaints on PGMS portal Grievances No. 2022061045 dated 18.05.2022, Grievance No. 2022062972 dated 22.05.2022, Grievance No. 2022057003 dated 09.05.2022, Grievance No. 2022056998, Grievance No. 2022005587 dated 25.03.2022,Grievance No. 2022063023 dated 22.05.2022 and Grievance No. 2022066900 dated 30.05.2022.
The PIO/Addl. Dy. Commissioner of Police (I), North West District vide letter dated 01.07.2022 replied as under:-
Points 1 to 7 - The report obtained from I/C Complaint Branch/NWD is enclosed herewith, which is self explanatory (Total -01 page). The applicant may collect the copy of documents mentioned in the report (Total-09 pages) from this office on any working day (Monday to Friday) between 10.00 AM to 01.00 PM after depositing the requisite fee @ Rs. 2/- per page or may send the requisite fee in the form of IPO addressed to Accounts Officer, Delhi Police, under RTI Act, 2005.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.07.2022.The FAA & Deputy Commissioner of Police, North West District Delhi vide order dated 13.08.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.Page 5 of 10
6. CIC/DEPOL/A/2022/158396 The Appellant filed an RTI application dated 11.07.2022 seeking following information:-
1. Please give me the complete ATR with all the photocopies of Bayan of accused and complainant during investigation of my mail dated April 29/4/2032 at 1:11 PM, May 6 at 5:59 PM, May 22 at 12:10 PM, June 16 at 9:11PM, June 20 at 2:08 PM.
2. Please give me the ATR of my complaint and all the photocopies of bayans of enquiry conducted during investigations and roznamcha DD No. 7122 date 17/6/22 and DD No. 98A dated 20/6/2022 to DCP Ashok Vihar?
3. Please give me the complete ATR of my complaints DO No. 748 dated 26/6/2022 to DCP Ashok Vihar?
Etc. The PIO/Addl. Dy. Commissioner of Police (I), North-West District vide letter dated 11.08.2022 replied as under:-
1. The action taken report of the complaints mentioned in the RTI application under reference procured from the HAC/NWD (The principal supplier of the information) is enclosed herewith (Total-1 page)
2. The action taken report of the complaint mentioned in the RTI application under reference procured from the HAC/NWD (The principal supplier of the information) is enclosed herewith (Total-1 page)
3. As per report obtained from HAC/NWD (The principal supplier of the information), no such complaint is found to be received in the complaint Branch/NWD.
4. The action taken report of the complaint mentioned in the RTI application under reference procured from the HAC/NWD (The principal supplier of the information ) is enclosed herewith (Total-1 page)
5. The copy of the requisite statement has been obtained from SHO/Shalimar Bagh (The principal supplier of the information) is enclosed herewith (Total- 03 pages).
6. The action taken report of the PGMS complaint No. 2022034778 procured from the HAC/NWD (The principal supplier of the information) is enclosed herewith (Total -1 page).
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.09.2022.The FAA/Deputy Commissioner of Police, North West District, Delhi vide order dated 17.10.2022 directed the PIO/NWD, Delhi to provide specific information to the appellant on her RTI application dated 11.07.2022 within 04 weeks from the receipt of the order.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 6 of 107. CIC/DEPOL/A/2022/159277 The Appellant filed an RTI application dated 23.09.2022 seeking action taken reports on her emails dated 11.07.2022 and 20.06.2022 and complaints dated 20.06.2022, 18.07.2022, 25.06.2022 and 13.07. 2022.
The PIO/ Addl. Dy. Commissioner of Police (I), North West District vide letter dated 22.10.2022 provided a point wise reply to the Appellant.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.11.2022.The FAA & Deputy Commissioner of Police, Delhi vide order dated 09.12.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
8. CIC/DEPOL/A/2022/124451 The Appellant filed an RTI application dated 19.02.2022 seeking information regarding her various complaints dated 12.12.2021, 11.11.2021, 28.01.2022 02.02.2022 and 22.09.2021. She also sought a copy of FIR 347/19.
The CPIO, Central District, Delhi vide letter dated 16.03.2022 provided to the Appellant a copy of the action taken report on her complaints. Further, she was advised to obtain a copy of FIR from the trial court.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.03.2022. In compliance of the directions of the FAA, Central District (copy of the FAA Order not enclosed), the PIO/Office of the Addl.DCP, Central District, Delhi vide letter dated 02.05.2022 provided to the appellant a copy of a revised report received from the ACP, Paharganj Sub Division, Central District.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
9. CIC/DEPOL/A/2022/125977 The Appellant filed an RTI application dated 24.01.2022seeking information on following points:
1. Complaint to the SHO dated 13/12/19 DD 75A provide me the ART Report of the same.
2. If only the Kalandra is made then to whom is the Kalandramade and what about my evidence and one Krishna named person came inside my house the police what action taken him and if no action took what is legal reason?
3. One complaint to DCP DD No. 346 dated 10/1/22.Please provide me the ATR report.
Etc. Page 7 of 10 The CPIO, Office of Addl. DCP, Central District, Delhi vide letter dated 14.02.2022 replied as under:-
1 to 5 - The requisite available information received from ACP/PaharGanj Sub-division of Central District, is enclosed herewith, which is self-
contained.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.02.2022. The FAA/Dy. Commissioner of Police, Central District, Delhi vide order dated 23.03.2022 directed the PIO, Central District, Delhi to provide the specific information to the appellant on her RTI application within 15 days from the receipt of this order.
In compliance of FAA's order dated 23.03.2022, the PIO, Office of Addl. DCP, Central District, Delhi vide letter dated 28.03.2022 furnished a copy of a revised report received from the ACP, Paharganj Sub Division, Central District.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
10. CIC/DEPOL/A/2022/126001 The Appellant filed an RTI application dated 10.03.2022seeking information on following points:
1. Please give me Roznamcha and all the documents of enquiry conducted by IO on my DD No. 57 13/2/20 dated time 2:10 PM, PS Paharganj.
2. What action has been taken against the illegal person named RakeshChander, PramodSonkar, Ayesha Chauhan, Anuj Chauhan on my complaint. Please provide me all the documents of the same with ATR?
Etc. The CPIO, Office of Addl. DCP, Central District, Delhi vide letter dated 05.04.2022 replied as under:-
1 to 10 - Copy of information is attached herewith. which is self contained.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 11.04.2022. The FAA/ Dy. Commissioner of Police, Central District, Delhi vide order dated 13.05.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
11.CIC/DEPOL/A/2022/126007 The Appellant filed an RTI application dated 16.03.2022 seeking information on following points:
Page 8 of 101. Please give me Roznamcha with all the enquiry documents of my 100 no.
Call made by me on 12.12.2019 from my mobile no. which is registered in the name of Karan Jain? (copy enclosed)
2. Please give me the complete ATR of the same 100 no. call for which the copy I enclosed for your reference on 12/12/2019. Etc. The CPIO, Central District, Delhi vide letter dated 05.04.2022 replied as under:-
1 to 10- Copies of Information are attached. Which is self contained.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 11.04.2022. The FAA/ Dy. Commissioner of Police, Central District, Delhi vide order dated 13.05.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
12.CIC/DEPOL/A/2022/126239 The Appellant filed an RTI application dated 16.03.2022 seeking information on following points:
1. Sir one called made on 100 no. now 112 by Monika Gupta on 10/03/2022 dated reference no. 4715355. Please give me the ATR and Roznamcha of the same.
2. Sir one 112 called made by me on 15/03/2022 dated reference no.
4738184. Please give me the complete ATR and Roznamacha of the same?
3. Sir please give me the information that is the constable or IO visit to the lady for investigation or interrogation without any complaint on 100 no. call after 5 PM or late hours?
Etc. The CPIO, Office of Addl. DCP, Central District, Delhi vide letter dated 05.04.2022 replied as under:-
1 to 6-You may obtain the copy of complaint from this office after depositing the required documentary fee Rs. 14/- (07 pages @2/- per page) under RTI Act-05 on any working day (Monday to Friday between 11:00 to 1:00 PM) alongwith your ID proof (within 30 days of receipt of this reply) Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.04.2022. The FAA/ Dy. Commissioner of Police, Central District, Delhi vide order dated 23.05.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 9 of 10Facts emerging in Course of Hearing:
Hearing was scheduled through virtual means after giving prior notice to both the parties. Respondents attended the hearing through video conferencing while the Appellant is neither present for the hearing nor sent any intimation about her absence. The Respondents narrated that the aforementioned cases arise out of inter se disputes between the Appellant and one Mukesh Gupta. Multiple complaints and counter claims have been filed by both parties making myriad allegations. The complaints have been investigated and reports of the investigation have been duly furnished to the parties, as per law.
Decision:
In the absence of the Appellant, the appeals are decided on the basis of records. Upon perusal of records of the appeals and examining the contentions of the parties which emerge therefrom, it is noted that the Appellant's queries had been duly answered from time to time with information available on record with the public authority as defined under Section 2(f) of the RTI Act. The replies appear to be in consonance with the terms of the provisions of the RTI Act. The Appellant has not specified in her second appeals, any particular information which has been denied to her.
In so far as grievance of the Appellant with dissatisfaction with the investigation is concerned, it is pertinent to point out that the Hon'ble Supreme Court of India in the matter of Union of India v. Namit Sharma in Review Petition [C] No.2309 OF 2012 in Writ Petition [C] No.210 of 2012 with State of Rajasthan and Anr. vs. Namit Sharma Review Petition [C] No.2675 of 2012 In Writ Petition [C] No.210 OF 2012 had held as under:
"While deciding whether a citizen should or should not get a particular information "which is held by or under the control of any public authority", the Information Commission does not decide a dispute between two or more parties concerning their legal rights other than their right to get information in possession of a public authority. In the light of the aforementioned legal position, no further adjudication is deemed necessary in these cases, under the RTI Act, since information as permissible under the RTI Act stands duly disseminated.
The appeals are disposed off accordingly.
Y. K. Sinha (वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 10 of 10