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[Cites 3, Cited by 0]

Central Information Commission

Mr.Rakesh Malviya vs Delhi Police on 26 April, 2013

                          Central Information Commission
               Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                       Bhikaji Cama Place, New Delhi­110066
                      Web: www.cic.gov.in Tel No: 26167931

                                                  Case No. CIC/SS/A/2012/002426
                                                               Dated: 26.04.2013

Name of Appellant                   :      Shri Rakesh Malviya

Name of Respondent                  :      Delhi Police, South District

Date of Hearing                     :      15.04.2013

                                        ORDER

Shri Rakesh Malviya, hereinafter called the appellant, has filed the present appeal dated 7.6.2012 before the Commission against the respondent Delhi Police, South District for providing vague and incorrect information in response to his RTI-application dated 29.2.2012. The appellant was present whereas the respondent were represented by Ms. Benita Mary, ACP/Defence Colony, Shri Harpal Singh, ACP, Shri Ashok Kumar, Inspector, Shri Anil Kumar, SI.

2. The appellant, through his RTI application dated 14.12.2011, sought information on twenty three queries in respect of FIR No. 479/04 dated 25.4.2004 u/s 420/120-B IPC lodged at PS Malviya Nagar in connection with issue of a duplicate SIM card in his name to someone by Bharti Cellular Ltd. The CPIO vide his letter No. (513)/4914/RTI Cell/SD dated 21.3.2012 provided point-wise information as received from ACB Hauz Khas who is the principal supplier of the information.

3. Not satisfied with the reply of the CPIO, the appellant filed first appeal on 4.4.2012 before the FAA. The FAA vide order No. ID-75/RTIA/12(SD)/1149 dated 2 Case No. CIC/SS/A/2012/002426 4.5.2012 while upholding the reply of the CPIO, held that a final report u/s 173 Cr. P.C. as "untraced" report has been filed by the IO and judicial file as well as police file with all relevant documents before the Hon'ble Court. There is no paper/document regarding the case is available with the local police at this stage.

4. In his second appeal filed before the Commission, the appellant requests the Commission to direct the respondent to provide true, correct, specific complete and comprehensive information without malice free of cost. The concerned public authority be directed to pay a nominal sum of Rs. 7,000 to the appellant.

5. Having considered the submissions of the parties and perused the relevant documents on file, the Commission hereby directs the CPIO to provide authenticated copies of the entire documents of judicial file relating to the aforementioned case FIR No. 479/04 dated 24.5.004 of PS Malviya Nagar, excluding case diary, to the appellant free of cost within two weeks of receipt of this order.

The matter is disposed of on the part of the Commission with the above directions.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar 3 Case No. CIC/SS/A/2012/002426 Address of the parties:
Shri Rakesh Malviya, G-2, East of Kailash, New Delhi-110065.
The Addl. DCP/CPIO, Delhi Police, South District, 1st Floor, DCP Office Complex, Hauz Khas, New Delhi-110016.
The DCP/FAA, Delhi Police, South District, 1st Floor, DCP Office Complex, Hauz Khas, New Delhi-110016.