Central Information Commission
Shekhar Suman vs Delhi Police on 5 December, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/DEPOL/A/2022/127812
Shri Shekhar Suman ... अपीलकता /Appellant
VERSUS/बनाम
PIO, South West District, Delhi Police ... ितवादीगण /Respondent
Date of Hearing : 30.11.2023
Date of Decision : 01.12.2023
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 21.12.2021
PIO replied on : 18.01.2022
First Appeal filed on : 27.02.2022
First Appellate Order on : 12.03.2022
nd
2 Appeal/complaint received on : 13.06.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 21.12.2021 seeking information related to FIR bearing No.0015/2021 dated 13.01.2021 u/s 498A/406/377/354/323/34 lodged with PS: RK Puram against the Appellant and his family members.
The PIO/Addl. DCP, South West District, vide letter dated 18.01.2022 furnished pointwise reply to the appellant.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.02.2022. The FAA/DCP, South-West Dist., vide order dated 12.03.2022 stated as under:-
"The undersigned has carefully considered the points raised in the appeal, RTI application filed by the appellant, the reply given by the PIO (Addl. DCP)/SWD vide letter No. 460(ID-2580)/RTI Cell(D-II)/SWD, dated 18.01.2022 & 1699 (Dy.No.94) RTI Cell(D-II)/SWD, dated 04.03.2022, comments of the CPIO/SWD on the instant appeal.
It is observed that the appellant submitted an RTI application dated 21.12.21 and reminder dated 11.02.22 which was received in the office of CPIO/Addl. DCP/SWD on 23.12.21 & 16.02.22. the CPIO/SWD provided Page 1 of 2 the information to the appellant vide letter dated 18.01.22 & 04.03.22(i.e. within the prescribed period of 30 days from the receipt of the application through post at his available address. Hence, the CPIO/SWD dealt the matter in right way as per RTI Act-2005 and provided the information to the appellant within the time as per RTI Act-2005. Notwithstanding, the copy of the reply of the CPIO/SWD, is sent herewith."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The Appellant's representative Smt Poonam Sharma, Advocate participated in the hearing in person. She stated that satisfactory information was not provided on points 3 and 4 of the RTI application.
The Respondent represented by Smt Sanghamitra, ACP, PS Vasant Vihar; Smt Manjusha, Inspector PS R K Puram and Smt Arti, SI, PS R K Puram participated in the hearing in person. Smt Sanghamitra stated that since investigation in the matter is still pending and charge sheet is yet to be filed they were unable to provide the information on point 3 and 4 at this stage. On being queried by the Commission regarding the estimated time period within which the charge sheet is expected to be filed, Smt Sanghamitra stated that the charge sheet is expected to be filed within 2 months.
Decision:
In the light of the facts of the case and the submissions made by both the parties, the Commission directs the PIO, South West District, Delhi Police to give an updated reply on points 3 and 4 to the Appellant based on the factual position after 2 months by 15.02.2024 under intimation to the Commission.
The instant Second Appeal stands disposed off accordingly.
Heeralal Samariya (हीरालाल साम रया) 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 2 of 2