Central Information Commission
Arshad Ahmad Khan vs Home Department Ut Of J & K on 10 September, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
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/HMDJK/A/2024/637748
Shri ARSHAD AHMAD KHAN ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Dy. Superintendent of Police
Home Department UT of J & K
Date of Hearing : 27.08.2025
Date of Decision : 27.08.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 15.02.2024
PIO replied on : 11.03.2024
First Appeal filed on : 02.04.2024
First Appellate Order on : 06.05.2024
2 Appeal/complaint received on
nd : 26.08.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 15.02.2024 seeking information on following points:-
"1. Information mandated under Section 4(1)(b) of the RTI Act w.r.t. Police Station Kupwara:
a) Directory of its Officers and Employees.
b) A statement of the Categories of Documents that are held by it or under its control.
c) The Monthly Remuneration received by each of its Officers and Employees, including the syste1.m of Compensation as provided in its Regulations.
2. Action taken by SSP Kupwara w.r.t. NHRC Case No.195/9/8/2023 & Records thereof.
3. Information w.r.t. Installation of CCTVs in Police Station Kupwara:
a) No. of CCTVs installed & Areas covered thereof.
b) Certified Copies of Documents/Records w.r.t. Procurement of the CCTVs.
c) Certified Copies of Documents/Records relied upon for Requisition & Installation of the CCTVs."
Page 1 The Dy. Superintendent of Police (HQrs), Kupwara vide letter dated 11.03.2024 replied as under:-
1. "Directory of officers and employees will expose them to threat and cannot be provided.
2. All important/confidential documents
3. This can not be provided being 3rd party information.
4. Copy of action taken report is enclosed.
5. 13 CCTV cameras are installed at Police Station Kupwara which have been installed by M/S Hikvision himself. Moreover, the documents and records pertaining to the CCTVs are not lying with this office."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.04.2024. The FAA vide order dated 06.05.2024 stated as under:-
S. Information Asked Reply
No.
1. Directory of its Officers and 1.Inspector Mohd Ishaq, SHO PS
Employees. Kupwara CUG No. 7051404914
2. HC Ghulam Rasool, MHC PS
Kupwara CUG No. 7051404915
3. A statement of the The following registers are being
Categories of Documents maintained in Police Station Kupwara.
that are held by it or under 1. Register No.01 (FIR register) Rule its control. 566.
2. Register No.02 (Daily Diary) Rule 517.
3. Register No.03 (Circular order/Standing order files) Rule 522.
4. Register No.04(Absconders and Deserters) Rule 523.
5. Register No.05 (correspondence register) Rule 524.
6. Register No. 06 (Miscellaneous Register) rule 525.
7. Register No.07(Cattle pound Register).
8. Register No.08(Infiltrators and smugglers).
9. Register No. 09 (Village Crime Register) Rule-528
10. Register No.10 (Surveillance of bad characters) Rule-530
11. Register No.11( Index of History Sheets and personal files) rule 708.
12. Register No.12 (information Sheets) Rule 710/711.
13. Register No.13(GO's Minute Book) rule 533.
14. Register No. 14(File of inspection Reports) Rule 534.
Page 2
15. Register No.15( Birth and death register).
16. Register No. 16(List of Villages Watchmen/List of Police Officers/officials).
17. Register No.17(License Holder) rule 537.
18. Etc
4. The Monthly Remuneration The information is exempted in terms of received by each of its Section 8(1) € as the information Officers and Employees, pertaining to remuneration by including the syste1.m of officers/employees is held in fiduciary Compensation as provided relationship. in its Regulations.
5. Action taken by SSP The reply to NHRC case Kupwara w.r.t. NHRC Case No.195/9/8/2023 have already been No.195/9/8/2023 & submitted by the SSP Kupwara to Records thereof. Inspector General of Police, Kashmir Zone and copy thereof to the Assistant Registrar Law National Human Rights Commission, New Delhi vide letter No.HR-Cell/Clt-139/2023/44729-30 dated 29-11-2023. The copy of same has also been provided to you by the PIO vide his office letter No.Hqrs/RTI/2024/1169 dated 11-03- 2024.
6. Information with regard to installation of CCTV in P/S/ Kupwara ` a).No. of CCTV's installed 13 CCTVs have been installed at Police and areas covered thereof Station Kupwara which covers the areas like entry, exit points, main gate, lockup, corridors, lobbies and reception areas of Police Station Kupwara etc.
b).Certified copies of The CCTV's installed in Police Station documents/records w.r.t. Kupwara have been received through procurement of the CCTV's. TATA Advanced System Limited (Cyber and Physical Security Division) that have been procured by the Police Headquarters, J&K. the documents are enclosed herewith. requisite
c). Certified copies of documents/records relied upon for requisition and installation of the CCTVS Page 3 Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present through audio-conferencing.
Respondent: Mr. Monish Kumar, US, Home Department- participated in the hearing through video-conferencing.
The Appellant stated that the relevant information as sought in the instant RTI Application has not been furnished by the PIO as per the provisions of the RTI Act.
The Respondent stated that the relevant information as available in their records has been duly provided to the Appellant. Written submission dated 21.08.2025 has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:
6. "..In response to the assertions of the appellant, it is stated that the information sought by the RTI applicant concerns an inquiry in which investigation has been initiated, after sanction of the competent authority in terms of Section 17-A of the prevention of corruption Act, 1988 conveyed by the General Administration Department to the Home Department.
PHQ vide communication dated 25.12.2024, findings/recommendations of Inquiry Officer. has furnished the The case was examined in the Home Department and the investigation report was found to be inadequate and ambivalent on critical aspects of the offences being alleged in the matter. Accordingly, vide Govt. Order No. 142-Home of 2025 dated 05.03.2025 (Copy enclosed as Annexure F), Sh. Sujit Kumar, IPS, IGP Security, J&K was appointed as Inquiry officer to conduct a fresh inquiry.
7. The details sought by the applicant included communications detailing the list of officers/officials involved in the inquiry and on account of pending nature of investigation, the provisions of clause
(h) of Section 8(1) of the RTI Act are attracted in the instant case. Accordingly, a response was communicated to the RTI applicant vide communication No. Home-PG/72/2024(CC:7418716) dated 29.02.2024.
8. Hence there is no cause for the present complaint/second appeal, as the PIO has already taken appropriate action in accordance with RTI Act. Accordingly, it is prayed that instant appeal/complain be rejected in view of the facts and legal positions outlined above..."
Decision:
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the Page 4 given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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