Central Information Commission
Abhiniti Verma vs National Commission For Protection Of ... on 24 August, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/NCPCR/A/2022/604610
Abhiniti Verma ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
National Commission for Protection
of Child Rights, RTI Cell, 5th Floor,
Chanderlok Building, 36,
Janpath, New Delhi-110001 .... ितवादीगण /Respondent
Date of Hearing : 23/08/2022
Date of Decision : 23/08/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 27/11/2021
CPIO replied on : 20/12/2021
First appeal filed on : 21/12/2021
First Appellate Authority order : 20/01/2022
2nd Appeal/Complaint dated : 21/01/2022
Information sought:
The Appellant filed an RTI application dated 27.11.2021 seeking the following information:
1. "Reference is made to my complaint lodged vide complaint no. DOWCD/E/2021/03135 dated 09 Sep 21 and DOWCD/E2021 /03264 dated 16 Sep
21. Same has been registered by National Commission for Protection of Child Rights, New Delhi vide PB-215275/21-22/11/NCPC R/2220156 dated 13 Sep 21.1
2. Refer please find your reply dated 13 Sep 21 on my subject complaint. It is clearly mentioned that the subject complaint was earmarked to DCP Jalandhar Punjab for investigation and asked to submit the report within 15 days after receiving the letter of this Commission.
Several evidence (as video, photographs, audio, medical legal report of continuous violation of child rights by my mother, who is Nurse by profession) in this regard have been shown after counselling to Child-Line representative (Mr. Abhishek Mb No. 6239044953) at 2000 Hrs on 02 Sep 21 and same evidence have been shown to 10 (Lady SI Anju Bala Police Station Jalandhar Cantt) on 03 Sep 21, but the issue stands as it is, FIR on my complaint is not been registered till date for direction of Hon'ble Juvenile Justice Board.
3. xxxxxxxxxxx In this regard, provide the information:
a) It is requested to provide me information about AIR (action taken report) has been forwarded to your office or not as the case was taken up with DCP Jalandhar, Punjab by your office on 13 Sep 21 (Almost 75 days passed).
b) What is the further action taken up (before my correspondence dated 23 Nov 21) by your office, if the said report or my complaint is not received from the office of DCP Jalandhar Punjab as the case is registered at NCP R on 13 Sep 21 (almost 70 days passed).
c) A reason please be provided, if the further action or correspondence has not been taken up from your office as the case is registered at NCPCR on 13 Sep 21
d) It is requested to provide the information of actions as per law, which will be taken up from NCPCR if the report on child complaint is not being submitted to Commission within stipulated period.
e) I want to k low that step by step process and channels of dealing the Child harassment complaint till the disposal of the same. And also kindly reply that what are the actions supposed to be taken up from your office if the reply is not being submitted or delayed from concerned authority.
f) I want to know that the periodicity for disposal the case which are related to Protection of Child Rights. And how much time required to registering the FIR for violation of Child Rights by local Police authority. Please inform me the action of NCPCR, if the local police do not register the FIR within the period specified by Law on Child harassment complaint."
The CPIO furnished a reply to the appellant on 20.12.2021 stating as follows:-
"............the Commission has taken cognizance on your complaint by forwarding the same to Superintendent of Police, Jalandhar, Punjab, vide 2 letter dated 13/09/2021. Due to none-receipt of reply within the stipulated time, a reminder dated 25/11/2021 was issued for immediate action (copy annexed)."
Being dissatisfied, the appellant filed a First Appeal dated 21.12.2021. FAA's order dated 20.01.2022 held as under:-
"................it is noted that the CPIO vide letter dated 15/05/2021, has provided the available information to the RTI applicant. However, information relating to para 3(e) & (f) is furnished below:
3(e)&(f): The concerned authority have been requested to take legal action in the matter within 15 days and submit action taken report to the Commission. Appropriate necessary action will be initiated in case of non-receipt of report within the stipulated time."
Feeling aggrieved and dissatisfied with the non-receipt of material information against para 3(f) of RTI Application, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: G. Suresh, Asst. Director & CPIO present through intra-video conference.
The CPIO invited attention of the bench towards his written submission dated 22.08.2022, relevant portion of which is reproduced below in verbatim -
".....2. The RTI application was disposed of on 20/12/2021 intimating that the Commission has taken cognizance on her complaint by forwarding the same to Superintendent of Police, Jalandhar, Punjab, on 13/09/2021 followed by reminder dated 25/11/2021. Query raised by the applicant under Para No. 3(e)&(f) of her RTI application were hypothetical.
3. The applicant had also filed a first appeal dated 21/12/2021 which was also disposed of on 20/01/2022 by giving the reply of Para No.3(e)&(f) of her RTI application.3
4. Now, the Punjab Police has registered an FIR on 31/03/2022 under section 323, 352 and 506 of IPC, Section 75 of juvenile Justice Act, 2011, Section 15(2) of POCSO Act, 2012, 2019 and Section 67(b) of Information Technology Act, 2000.
5. The Commission has received an action taken report from office of the Commissioner of Police, jalandhar vide their letter No.8362/PC, dated 12/07/2022 which was found unsatisfactory and the same was returned to CP jalandhar, Punjab Police vide Commission's letter dated 01/08/2022 with a request to submit fresh action taken report within 10 days.
6. It is therefore, requested to dispose of the second appeal of Miss Abhiniti Verma on its merits...."
In conclusion, the CPIO further emphasized that a satisfactory response from the S.P., Jalandhar is yet to be received; subsequent to their latest reminder of 01.08.2022.
Decision:
The Commission upon a perusal of facts on record observes that the reply of the CPIO does not adequately suffices the information sought by the Appellant at para 3(f) of RTI Application. Further, the Commission took an adverse view on the casual conduct of the concerned CPIO who despite the FAA's order of 20.01.2022 which categorically stated that an appropriate necessary action will be initiated in case of non-receipt of action taken report from the concerned authority within the stipulated time of 15 days; slept over the matter for more than 11 months by not bothering to enquire from the S.P., Jalandhar about the final action taken on the Appellant's averred complaints before making his submissions with the Commission till hearing of this matter. Such lackadaisical approach of the CPIO causes unwarranted obstruction to the Appellant's right to information and also tantamount to grave violation of the provisions of RTI Act. However, no penal action is taken against the CPIO for want of malafides .
In this regard, the CPIO is strictly cautioned to exercise due diligence and always follow the timeline mandate while responding to RTI Applications in future.
Now, considering the prayer of the Appellant and also the efflux of time, the CPIO is directed to take up the matter with the Police authorities and elicit the latest position and provide a revised categorical reply along with updated status of 4 action taken report in response to RTI Application after accessing the same from them . The said reply and information should be provided by the CPIO free of cost to the Appellant within 15 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5