Central Information Commission
Mr.Chander Kant Jha vs Gnctd on 19 November, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002710/10094
Appeal No. CIC/SG/A/2010/002710
Relevant facts arising from the appeal:
Appellant : Mr. Chandra Kant Jha
S/o Radhey Kant Jha
Central Jail No. 3
Tihar, New Delhi- 110064
Respondent : Mr. Vijay Kumar Sharma
Public Information Officer & Superintendent Office of the Superintendent, Govt. of NCT of Delhi Central Jail No. 1, Tihar, New Delhi- 110064 RTI application filed on : 23/09/2009, 24/03/2010, and 26/06/2010 PIO reply : 29/10/2009, 22/04/2009 and 09/07/2010 First appeal filed on : not enclosed First appellate authority order : 30/06/2010 and 09/08/2010 Second appeal received on : 23/09/2010 S. No. Information Sought
1. (by letter dated 23/09/2009) As to how many times Applicant was admitted in Jail (all Tihar Jail, Rohini Jail) since 1990 and full details of the same.
2. (by letter dated 24/03/2010) Same as 1.
3. Letter of the Applicant dated 26/06/2010 not enclosed Reply of the PIO:
(As on 29/10/2009 and 22/04/2009) S. No. Date of Case FIR No. Address of Delhi and Bihar Date of Admission U/s release/transfer P/s
1. 11/06/2005 294/04 u/s 379/411 IPC (i) Dilawar Ka Makan, 02/07/2005 P/s NDLS Village: Shahi Pur, Shalimar Bailed out Bagh, Delhi
(ii) Village Ghosai, P/s Chousa District, Madheypura, Bihar
2. 03/09/2005 459/05 u/s 25 Arms Act Same as 1 12/09/2005 P/s Adarsh Nagar, Delhi Bailed out
3. 30/05/2007 279/07 u/s 302/201 IPC Same as 1 05/06/2007 Hari Nagar, Delhi Police Remand
4. 07/06/2007 279/07 u/s 302/201 IPC Same as 1 07/09/2007 Hari Nagar, Delhi Police Remand
5. 09/09/2007 279/07 u/s 302/201 IPC Same as 1 20/10/2007 Hari Nagar, Delhi Transfer to Rohini Jail On 09/07/2010 the PIO gave the following reply:
"The PIO provided that the appellant was admitted in Central Jail no. 1 on transfer from Central Jail no.2 on 11/05/2005 in case FIR No. 292/05 U/s 379/411 IPC PS NDLS, Delhi."
Grounds for the First Appeal:
The letter is not enclosed.
Order of the First Appellant Authority (FAA):
The First Appellate Authority has ordered the PIO to provide correct information to the Appellant within the specified time limit.
Grounds for the Second Appeal:
Dissatisfactory and incorrect information provided by the PIO Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Mr. Man Mohan, Asst. Superintendent on behalf of Mr. Vijay Kumar Sharma, Public Information Officer & Superintendent;
The respondent states that inadvertently information has been provided that the appellant Chader Kant Jha had been admitted to Jail no.03 on 11/06/2005 in case FIR no. 292/04 U/S 379/411 IPC (PS-NDLS). The respondent states that this has occurred because of not realizing that the Grandfather's name of the Appellant and the person imprisoned then were different. It appears that this mistake was inadvertent and respondents are warned to take care in future.
The respondent is directed to give this in writing to the appellant.
Decision:
The Appeal is allowed.
The respondent is directed to inform the appellant is writing about the mistake made earlier as described above before 30 November 2010. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 19 November 2010 (In any correspondence on this decision, mention the complete decision number.)(PA)