Central Information Commission
Sunita Garg vs Delhi Police on 30 September, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2018/129799
Sunita Garg ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, O/o The Addl ...प्रनतवािी /Respondent
Commissioner of Police cum
Public Information Officer, Delhi
Police, North West District,
Ashok Vihar, Delhi-110052
Relevant dates emerging from the appeal:
RTI : 06.03.2018 FA : 05.04.2018 SA : 10.05.2018
Hearing : 07.08.2019,
CPIO : 03.04.2018 FAO : 04.05.2018
24.09.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Addl Commissioner of Police cum Public Information Officer, Delhi Police, North West District, seeking following information:
a. Copy of MLC No. 74792, made at Babu Jagjivan Ram Hospital, Jahangir Puri, Delhi on 09.03.2014.Page 1 of 5
b. Copy of doctor's opinion on the basis of treatment at O.P.D. Regn. No. - BJR-61049 dated 10.03.2014. c. Whether the copy of MLC and doctor's opinion has been filed in Court along with charge sheet or not? d. If not, reasons for the same.
2. The appellant filed a second appeal before the Commission against the orders of FAA and the reply provided by CPIO on the ground that the information provided is incomplete and irrelevant. The appellant requested the Commission to direct the CPIO to provide the information sought by her.
Hearing on 07.08.2019:
3. The appellant's representative Sh. Anil Garg, and the respondent no. 1, Shri Rajender Pal Bhargav, ACP and APIO, North West District, Delhi Police and the respondent no. 2, Shri Ravi Tripathi (JJA), Shri Sohan Prakash (JA), Rohini Court, Delhi were present in person.
4. The appellant's representative submitted that information with respect to point no. 2 of the RTI application was not provided by the respondent. He also submitted that as per information provided by the Babu Jagjivan Ram Hospital, the doctor's opinion had not been collected from the Hospital, as the IO, who was required to collect it personally from the Hospital, had not collected the same. The appellant's representative denied that any supplementary charge sheet has been filed by the respondent in the Court, and that the documents sought have been annexed with the supplementary charge sheet, as has been stated in the reply provided by the PIO. The appellant's representative requested the Commission to direct the respondent to provide complete information as sought by him through his RTI application.
Page 2 of 55. The respondent no. 1 (Delhi Police) submitted that as per their record, a supplementary charge sheet has been filed in the Rohini Court on 21.04.2017 which contains the copy of the MLC and the doctor's opinion as sought by the appellant in the RTI application. He further submitted that the copy of the MLC and doctor's opinion is not available in their records as the same were attached with the files submitted to the Court. Hence, the appellant was advised to obtain the requisite copies from the Rohini Court.
6. The respondent no. 2 (Rohini Court) submitted that they are not permitted to check the judicial file and are unable to state whether the supplementary charge sheet has been filed by Delhi Police or not. The respondents, however, informed that the appellant could seek copies of the requisite documents from the Court concerned.
7. The appellant's representative stated that the copies of the MLC and the doctor's opinion are not available in the Court. Nonetheless, he would make due efforts to obtain the copies of the same, if available with the Court. He, however, requested that the matter be kept pending till the disposal of his request for copies of the abovementioned documents.
Interim Decision:
8. The Commission accedes to the request of the appellant and adjourns the matter to 24.09.2019 at 12.50 PM.
Hearing on 24.09.2019:
9. The appellant's representative Sh. Anil Garg, and the respondent no. 1 representative, Shri Shish Pal, Inspector, PS Adarsh Nagar, North West District, Page 3 of 5 Delhi Police and the respondent no. 2, Shri Ravi Tripathi (JJA), Shri Sohan Prakash (JA), Rohini Court, Delhi were present in person.
10. The appellant' representative stated that the copies of the MLC, the doctor's opinion on the basis of treatment at OPD along with supplementary charge sheet which were filed in the Rohini Court has been obtained by him from the Court. However, there are certain discrepancies in the documents as the doctor's opinion submitted before the Court pertains to Maulana Azad Medical College whereas, the appellant was treated in Babu Jagjivan Ram Hospital (B.J.R.M).
11. The respondent clarified that the MLC no. 74792 dated 09.03.2014 of B.J.R.M hospital of the appellant was deposited at B.J.R.M hospital for an opinion with respect to the nature of the injury but same was received back with the remarks that opinion may be obtained from Maulana Azad Medical College as the patient was further treated there and hence the same MLC was deposited at Maulana Azad Medical College for opinion.
Decision:
12. The Commission, after hearing the submissions of both the parties and perusing the records, observes that the supplementary charge sheet which contains the copy of the MLC and the doctor's opinion as sought by the appellant in the RTI application was filed in the Rohini Court on 21.04.2017 and same has been obtained by the appellant. Thus, due information has been received by the appellant. Hence, no further intervention of the Commission is required in the matter.
13. With the above observations, the appeal is disposed of.
Page 4 of 514. 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 27.09.2019 Authenticated true copy (अनभप्रमानित सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:
1. The First Appellate Authority, O/o The Dy. Commissioner of Police, North West District, Ashok Vihar, Delhi - 110052
2. The Public Information Officer, O/o The Addl. Dy. Commissioner of Police - I, North West District, Ashok Vihar, Delhi - 110052
3. Ms. Usha Khatter A.O. (Judicial)-cum-
Link Public Information Officer, North West District, Rohini Courts, Delhi
4. Ms. Sunita Garg, Page 5 of 5