Central Information Commission
Ajit Singh vs Delhi Police on 13 December, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमार्ग, मुनिरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2022/159054
Shri Ajit Singh ... अपीलकर्ता/Appellant
VERSUS/बनाम
PIO, ...प्रतिवादीगण /Respondent
Delhi Police
Date of Hearing : 13.12.2023
Date of Decision : 13.12.2023
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 30.12.2021
PIO replied on : 01.02.2022
First Appeal filed on : 02.03.2022
First Appellate Order on : 06.04.2022
2ndAppeal/complaint received on : 16.12.2022
Information soughtand background of the case:
The Appellant CTI application dated 30.12.2021 seeking information related to complaint case bearing CC - 10051/19:
The applicant is the complainant in complaint case bearing CC - 10051/19 which is pending before the court of Sh. Gaurav Sharma, Ld.MM-OS, Central, Tis Hazari District courts titled "Ajit Singh versus Ajay Saxena". The IO in the said case is SI Mahesh Kumar, PS- Nabi Karim, Delhi. That during the course of inquiry in the said complaint case, the complainant/applicant provided the said IO with the photocopy of the receipts of payment. The same have been duly acknowledged by the said IO in the status report filed before the above mentioned court. The copy of the status report is attached. The applicant seeks the copies of the said payment receipts by way of the present application urgently to file before the civil court for seeking recovery of his money. Hence kindly provide the copies of receipts of payment of Rs 15 lakhs made by me to Ajay Saxena which were given to IO Sh Mahesh Kumar as above.
The CPIO, Central Distt. Delhi vide letter dated 01.02.2022 replied as under:-
"1. As per report, a complaint case U/s 156.3 Cr. P.C filed by Shri Ajit Singh was received in PS Nabi Karim through the Hon'ble Court Page 1 of 4 of Shri Kapil Kumar MM, Tis Hazari Delhi. The same was handed over to SI Mahesh on 09.10.2019 against proper receipt.
2. The above U/s 156.3 Cr. P.C filed by Shri Ajit Singh in pending trial of the Hon'ble Court of Shri Gaurav Sharma, MM Tis Hazari court, Delhi and next date of hearing is held on 24.02.2022."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.03.2022. The FAA/DCP, Central District, Delhi vide order dated 06.04.2022 directed CPIO to provide a fresh reply within 15 days of receipt of order.
In compliance with order of FAA, the PIO, Central District furnished reply dated 08.04.2022 as under :
1 & 2 : In this regard, fresh reply received from ACP/Pahar Ganj sub division is enclosed herewith, which is self-explained.
f the complaint case was filed by SI Mahesh' Kumar in the court of Sh. Kapil Kumar, MM, Tis Hazari Court' Delhi. Now the complaint case u/s156.3Cr.P.C.is pending in the court of Sh. Gaurav Sharma and next date of hearing is fixed for 18.04.2022. So the asked information cannot be provided as the matter is sub-judice in the court of law Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The following were present:
Appellant: Present along with Mr. Govind Singh Respondent: Mr. Subash Chander, SI, RTI, Central District.
The Appellant stated that the relevant information has not been furnished to him till date. He stated that he sought copies of receipts of payment of Rs 15 lakhs made by him to Ajay Saxena which were given to IO Sh Mahesh Kumar at the time of enquiry. He stated that the receipts are essential as the same are required for his civil suit for recovery.
The Respondent stated that the relevant information has been duly furnished to the Appellant from their official record. He further stated that the case of Appellant pending before court of MM Tis Hazari. He stated that copies of receipts of payment of Rs 15 lakhs is not traceable in their record and he will search the records of the case file of Appellant again. He offered inspection of record of the case file of Appellant if Appellant so desires.
Decision:Page 2 of 4
Commission based on the averment made by the parties during hearing, directs the PIO to provide an opportunity to the Appellant or his authorised representative, to inspect available and relevant records of his case file as sought in the instant RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and/or in writing.
Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of prescribed fees as per RTI Rules, 2012. However, no information shall be furnished by the PIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005.
In case relevant records as sought are still not traceable, then PIO must file an appropriate affidavit stating that relevant records as sought in instant the RTI Application are not available in their record despite searching thoroughly. The said affidavit shall be sent by the PIO to the Commission with its copy duly endorsed to the Appellant.
The said direction should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. No further action lies.
The Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 4 Page 4 of 4