Central Information Commission
Mr.Hari Om Goutam vs Ministry Of Home Affairs on 18 February, 2011
Central Information Commission
nd
2 Floor, B-Wing, August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/SS/A/2010/000738
Name of Appellant : Sh. Hari Om Gautam
(The Appellant was present along with
Advocate, R. K. Gautam)
Name of Respondent : Delhi Police, East Dist.
(Represented by Sh. Sumer Singh, ACP
& Sh. Anant Kumar, S.I.)
The matter was heard on : 12.01.2011
ORDER
Sh. Hari Om Gautam, the Appellant, vide application dated 1.04.2009, sought the following information: "A. Copy of the statement of complainant dated 15.06.2009, requesting no legal action against us being family matter.
B. The statement of complainant on the basis of which addition of an offence u/s 380 IPC (Theft) for Rs. 15,000/ (Rs. Fifteen Thousand) only was added against a Govt. Teacher on subsequent date 19.06.2009, after registration of FIR."
The PIO denied the information sought for under Section 8(1)(h) of the RTI Act. Aggrieved with the reply of the PIO, the Appellant filed an appeal before the First Appellate Authority (FAA). The FAA, vide decision dated 1.07.2010, upheld the reply of the PIO. Hence the present appeal before the Commission.
The Appellant along with Sh. R. K. Gautam, submit that the information sought for has wrongly been denied as the mere existence of an investigation cannot be ground for refusal of the information. The PIO, must give satisfactory reasons as to how the disclosure of such information would hamper the investigation process. The Respondent, on the other hand, reiterate their reply to the Appellant.
After hearing the parties and on perusal of the relevant documents on file, the Commission is of the considered view that the sought for information is not exempted under Section 8(1)(h) of the RTI Act, 2005 as the Respondents have failed to satisfy the Commission as to how the disclosure of the sought for information is likely to impede the process of investigation.
In view of the above the reply of the PIO, is set aside and he is directed to provide the complete requisite information as per record, to the Appellant, within 15 days of this order.
(Sushma Singh) Information Commissioner 18.02.2011 Authenticated true copy (S. Padmanabha) Under Secretary & Dy. Registrar Copy to:
1. Sh. Hari Om Gautam A3/96, Ground Floor SectorXI, Rohini, Delhi110085
2. The Public Information Officer Delhi Police East Dist.
Delhi
3. The Appellate Authority O/o Addl. Dy. Commissioner of Police East Dist.
Delhi