Central Information Commission
Aakash Goel vs Delhi Police on 17 May, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2023/611514
Shri Aakash Goel ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, North West Delhi Police ...प्रनतवािीगण /Respondent
Date of Hearing : 15.05.2024
Date of Decision : 15.05.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 15.12.2022
PIO replied on : 14.01.2023
First Appeal filed on : 20.01.2023
First Appellate Order on : 13.02.2023
2ndAppeal/complaint received on : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 15.12.2022 seeking information on following points:-
(a) Please refer to Page 1-2 of attachment. A FIR No. 0122/2021 dated 11.04.2021 was registered u/s 406/420 IPC at PS DBG Road, New Delhi. Please provide copy of the FIR. It was against SAHARA Q SHOP UNIQUE PRODUCTS RANGE LIMITED since they did not pay back deposits of poor people for a long time.
(b) Various attempts to file similar FIR at Ashok Vihar Police Station have failed. Latest attempt can be referred on Page 3 of the attachment. Please provide copy of steps / procedure to be followed for filing of FIR in such a scenario.
(c) Wrt to above, please provide copy of steps/procedure to be followed for filing of complaint against police personnel for non filing of FIR."
The PIO-cum-Addl. Dy. Commissioner of Police-(I), North-West Distt., Delhi Police vide letter dated 14.01.2023 replied as under:-
Para (a):- "Does not pertain to this office.
Para (b):-As per report obtained from SHO/Ashok Vihar through ACP/Ashok Vihar(The principal supplier of the information) no such complaint as mentioned in the RTI application is found to be received in Police Station Ashok Vihar. Hence information sought does not pertain Page 1 of 3 to this office. There are Standing Orders Nos. 145/2008 & L&O/03/2022 in this regard for rest of the information as per report obtained from HAR/NWD (The principal supplier of the information). Moreover, the applicant may collect the copy of the same from this office on any working day (Monday to Friday) between 10.00AM to 01.00PM after depositing the requisite fee @ Rs.2/- per page or may send the requisite fee in the form of IPO addressed to Accounts Officer, Delhi Police, under RTI Act-2005 (Total-16pages).
Para (c):-As per report obtained from HAR/NWD (The principal supplier of the information) there is a Standing Order No.104/2010 (DISPOSAL OF COMPLAINTS/OTHER REFERENCES), which is self explanatory in this regard. Moreover, the applicant may collect the copy of the same from this office on any working day (Monday to Friday) between 10.00AM to 01.00PM after depositing the requisite fee @ Rs.2/- per page or may send the requisite fee in the form of IPO addressed to Accounts Officer, Delhi Police, under RTI Act-2005 (Total-15 pages)."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 20.01.2023. The FAA vide order dated 13.02.2023 stated as under:-
4. The undersigned has carefully considered the contention put-forth by the appellant in his online RTI appeal dated 20.01.2023, initial online RTI application dated 15.12.2022 (received on 16.12.2022) and information provided by the PIO/NW. District vide letter dated 14.01.2023. Upon consideration, it has been found that PIO/NWD.
Delhi vide letter dated 14.01.2023 has provided point wise information to the appellant within the stipulated period. Besides this, in the present appeal, appellant has mentioned that CPIO has provided false information stating no complaint has been received. Very clearly page 3 of attachment was provided as undeniable proof. Hence, the appeal of the appellant is remitted back to the PIO/North West District, Delhi with the direction to provide the specific information at point No. 2 of online RTI application dated 15.12.2022 to the appellant within 04 weeks from the receipt of this order after examine his online RTI appeal and RTI application under the provision of RTI Act- 2005. Moreover, appellant is informed that he may send the requisite fee in the form of IPO addressed to Accounts officer, North West District, Delhi Police, under RTI Act- 2005 as already suggested by PIO/NWD, Delhi vide letter dated 14.01.2023 for the requisite documents. With these observations, the appeal of the appellant is hereby disposed off accordingly.
Aggrieved and dissatisfied with the non-compliance of FAA Order, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: 1. Shri Sanjay Kumar, ACP, Ashok Vihar Sub Division, North West District
2. Shri Rajesh Vijay, Inspector Page 2 of 3
3. Shri Jitender Kumar, SI
4. Shri Vijay Singh, ASI The Appellant remained absent during the hearing despite prior intimation. In his Second Appeal he inter alia stated that he had filed online RTI and any fees should have been collected online itself. Asking RTI Applicant to visit personally or spend additional money on pay-order & postage to pay money for RTI documents is nothing but plain harassment. In his Second Appeal he also questioned as to how the same person can be CPIO as well as FAA.
Shri Sanjay Kumar stated that point wise response in accordance with the provisions of the RTI Act, 2005 was provided to the Appellant. Copies of Standing Orders Nos. 145/2008 & L&O/03/2022 and Standing Order No.104/2010 relevant to the instant RTI application were also offered to the Appellant on payment of applicable fees. Furthermore, in compliance with the order of the FAA a fresh reply dated 28.02.2023 was provided to the Appellant wherein enquiry report prepared by HAC/ NWD in respect of the complaint of Smt Sunita Devi received vide bearing No 2022024582 was enclosed. He also added that FIR No. 0122/2021 dated 11.04.2021 as mentioned in point no 1 of the RTI application was registered u/s 406/420 IPC at PS DBG Road, New Delhi which falls under the Central District and not North West District.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent as only such information that is held and available in the records of a public authority can be provided. Hence, no further intervention of the Commission is required in the instant matter.
With the above observation, the instant Second Appeal stands disposed off 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 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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