Central Information Commission
Ravinder Yadav vs Delhi Police on 19 December, 2024
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/DEPOL/A/2023/655331
Shri Ravinder Yadav ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Delhi Police, Dwarka District ...प्रनतवािीगण /Respondent
Date of Hearing : 17.12.2024
Date of Decision : 17.12.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 03.09.2023
PIO replied on : 04.10.2023
First Appeal filed on : 27.10.2023
First Appellate Order on : 13.11.2023
2ndAppeal/complaint received on : 17.12.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 03.09.2023 seeking certified copies on the following points:-
1. "Reasons for not examining the CCTV footage of incident dated- 24.07.2022(which was submitted on 28.07.2022 to SHO, BHD Nagar in DD No.-
48A) and submitting a half baked false ATR dated-05.12.2022 in Ct case no.- 2301/2022 before MM-07, Ld Medha Arya Court by 1.0. Mr. Naresh Kumar ASI.
2. Reason for not procuring CCTV footage of camera installed at Subhash Yadav house at main gate of applicant's colony (West Krishana Vihar) despite request dated-25.07.2022 (Para-13) by I.O. Mr. Naresh Kumar ASI.
3. Reason for not providing reply of point no.-6 & 7 of RTI application dated- 15.08.2022(DEPOL/R/E/09449.
4. Reasons for not registering FIR u/s 182(B) against Deepak Yadav in complaint dated-02.09.2022 filed to DCP and SHO, BHD Nagar.
5. Detail of persons beaten up by the applicant and his associates, and statements of eyewitness of incident dated-24.07.2022 recorded by 1.0. Mr Naresh Kumar/Mr.Bidyanand in compliance of order dated- 17.04.2023 passed in Ct. Case 2301/2022 before MM-07, Dwarka court.
6. Reason for providing wrong/disleading reply of RTI application No. DEPOL/R/E/22/12324 dated-15.11.2022.
7. Reasons for not providing copy of false complaints submitted by Ram Chander Dahiya, Shiv Dutt and Udai Singh Yadav against the application in 2022. Provide the copies of the same.
Page 1 of 38. Copy of complaint given by Deepak Yadav for adding section 392 IPC in FIR no.- 177/2023 dated-17.04.2023 against the applicant."
The CPIO-cum- Addl. Dy. Commissioner of Police, Dwarka Distt., New Delhi vide letter dated 04.10.2023 replied as under:-
1 & 2:-In this regard, preventive action against both the parties have been taken vide Kalandra u/s 107/150 CrPC vide GD No. 88A dated 24.07.2022, PS BHD Nagar. Copy of above Kalandra is available in this office. (4 page) 3&6:-In this regard, requisite information has already been provided to you vide this office letter No. 4616 (ID-1916/22)/(D-III)/RTI Cell/DWD dt. 13.09.2022 & 33 (AA-240 & 305/22)RTIA/2022 (DWD)/Appeal Section/DWD dt. 11.01.2023. Hence, no comments.
4.:-In this regard, your mentioned complaint was received in Complaint Branch/DWD vide dairy No. 20613/C/DWD dt. 06.09.2022 and same is pending enquiry with ACP/Najafgarh. Rest information cannot be provided at this stage as exempted from disclosure as per section 8 (1) (h) of RTI Act. 2005.
5:-In this regard, no such type of record is available at PS BHD Nagar. 7&8:-In this regard, copies of the complaints of Sh. Deepak Yadav (LC- 1353/SHO/BHD Nagar Dt. 26.09.2022), Sh. Shiv Dutt Jangra (LC- 1443/SHO/BHD Nagar dt. 10.10.2022), Sh. Ramchander Dahiya (LC- 1354/SHO/BHD Nagar dt. 26.09.2022), Sh. Uday Singh Yadav (LC- 1339/SHO/BHD Nagar dt. 22.09.2022 are available in this office. (12 page). Note: You may obtain copy of above said information at Point No. 1, 2, 7 & 8 after depositing the prescribed fee of Rs.2/- per page (i.e. Rs. 32/- on a/c of 16 pages) (fee under RTI Act), on any working day between 10 AM to 01 PM within one month from this office. You are requested to bring your identity proof at the time of obtaining the said documents."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.10.2023. The FAA vide order dated 13.11.2023 upheld the reply of CPIO and further stated as under:-
".....the undersigned finds that the RTI application dated 04.09.2023 has rightly been disposed off by the CPIO/DWD within stipulated period (i.e. within 30 days) under the provisions of RTI Act-2005. Apart from this after giving the relief & in view of the instant appeal reference filed by the appellant, I/C RTI Cell/DWD through CPIO/DWD is again being directed to furnish RTI applications within stipulated period as per section 7(1) of RTI Act-2005."
Aggrieved and dissatisfied with the non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 10.11.2024 has been received from the Appellant reiterating his contention and narrating the background of the case.
Written submission dated 27.11.2024 has been received from CPIO reiterating the above facts and adding that the FAA had duly noted in his order that copy of admissible & permissible requisite information has been furnished to the Appellant vide this office letter dated 17.10.2023.Page 2 of 3
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Not present Respondent: Insp. Ravi Kumar - PS BHD Nagar and ASI Dharmendra Singh - RTI Cell, Dwarka were present during the hearing.
The Respondent stated that chargesheet had been filed in this case and the matter was now pending adjudication before the Court. Copy of the chargesheet has been duly provided to the Appellant.
Decision After hearing the Respondent's contentions, the Respondent is hereby directed to send a revised reply to the Appellant furnishing accurate and updated status report with respect to the queries raised by him, within three weeks of receipt of this order. The Respondent shall submit a compliance report before the Commission in this regard.
The appeal is disposed off with the above directions.
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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