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Central Information Commission

Saroj Devi vs Delhi Police on 15 July, 2022

                               के   ीय सूचना आयोग
                      Central Information Commission
                           बाबा गंगनाथ माग, मुिनरका
                      Baba Gangnath Marg, Munirka
                       नई द ली,
                             ली New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/DEPOL/A/2021/112711

Ms. Saroj Devi                                               ...   अपीलकता /Appellant
                                  VERSUS/बनाम

PIO                                                    ...   ितवादीगण /Respondent
Delhi Police

Date of Hearing                      :    14.07.2022
Date of Decision                     :    15.07.2022
Chief Information Commissioner       :    Shri Y. K. Sinha

Relevant facts emerging from appeal:

RTI application filed on              :   15.01.2021
PIO replied on                        :   10.02.2021
First Appeal filed on                 :   15.02.2021
First Appellate Order on              :   18.03.2021
2ndAppeal/complaint received on       :   22.03.2021

Information sought

and background of the case:

The Appellant filed an RTI application dated 15.01.2021 seeking information on the following points:-

The PIO/Addl. DCP, South West District, vide letter dated 10.02.2021 replied as under:-

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 15.02.2021. The FAA/DCP, South West District, vide order dated 18.03.2021 upheld the reply of the CPIO.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

The Appellant remained absent during the hearing despite prior intimation. A written submission has been received from the Appellant dated 13.07.2022 which has been taken on record.

The Respondent represented by Smt Sanghamitra, ACP, South West District; Shri Sudhir Kumar, Inspector, South West District and Shri Rajender Singh, ASI, South West District participated in the hearing through video conference. Smt Sanghamitra stated that information as per available record has been provided to the Appellant.

Decision:

Keeping in view the facts of the case and the submissions made by the Respondent, the Commission is of the view that adequate information as per provisions of the RTI Act, 2005 has been provided. In her written submission, the Appellant has inter alia contended that an opportunity of hearing was not provided to her by the FAA which is against the principles of natural justice. In support of her contention, the Appellant has relied on the judgement of the Hon'ble Supreme Court in Manohar vs State of Maharashtra in Civil Appeal no 9095/2012 dated 13.12.2012. The Commission is in agreement with the submission of the Appellant. In Manohar vs State of Maharashtra in Civil Appeal no 9095/2012 dated 13.12.2012 the Apex Court has held the following:

"23. Thus, the principle is clear and settled that right of hearing, even if not provided under a specific statute, the principles of natural justice shall so demand, unless by specific law, it is excluded. It is more so when exercise of authority is likely to vest the person with consequences of civil nature."

In view of the above observations, the Commission directs the FAA/DCP, South West District, and Delhi Police to ensure that an opportunity of fair hearing is provided to all Appellants at the first appeal stage prior to pronouncement of reasoned / speaking orders in future. With the above observations, the instant Second Appeal stands disposed off accordingly.

Y. K. Sinha (वाई.

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 3 of 4 Page 4 of 4