Indian Kanoon - Search engine for Indian Law

Central Information Commission

Mr.A K Rathore vs Delhi Police on 29 August, 2013

                       Central Information Commission
            Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                    Bhikaji Cama Place, New Delhi­110066
                   Web: www.cic.gov.in Tel No: 26167931

                                                Case No. CIC/SS/A/2012/003086
                                                             Dated: 29.08.2013

Name of Appellant                 :      Shri A.K. Rathore

Name of Respondent                :      Delhi Police, South District

Date of Hearing                   :      01.08.2013

                                      ORDER

Shri A. K. Rathore, hereinafter called the appellant has filed the present appeal dated 29.8.2012 before the Commission against the respondent Delhi Police, South District for providing misleading information in response to his RTI application dated 25.4.2012. The appellant was present whereas the respondent were represented by Shri Harpal Singh, ACP, Hauz Khas.

2. The appellant through RTI request dated 22.11.2011 has informed that he had worked with Debonair Security and Allied Service, A-260 Hauz Rani, Malviya Nagar. Smt. Poonam Khanna was owner of this Security Agency. The Court had issued a warrant against the said agency, but when she came to know that Court had issued warrant against this agency, she has closed the agency and managed to flee to some unknown place. The appellant has further alleged that she was running this agency by using licence of one other person. According to him, it is mandatory to renew the licence of security agency each after the six months. He has requested to supply copies of complete file relating to the licence used for the above said agency. The CPIO vide his letter No. (1339)/11929/RTI Cell/SD dated 20.6.2012 informed the appellant that Ms. Poonam Khanna of M/s.

Debonaier Securities and Allied Services, which had its office at A-260, Hauz Rani, Malviya Nagar has been closed since the last 5/6 years and presently no one in the neighborhood has any information of the whereabouts of the office/owner of the Company.

3. Aggrieved with the reply of the CPIO, the appellant filed first appeal on 18.7.2012 before the FAA. The FAA has vide his order No. 2050/RTI Cell/South District dated 30.7.2012 upheld the reply of the CPIO.

4. During the hearing the respondent state that the appellant, through his RTI application, has informed that he had worked with Debonair Securities & Allied Service, Hauz Rani, Malviya Nagar of which Smt. Poonam Khanna was the owner. The Court had issued a warrant against the said agency, but when the owner came to know that the Court has issued warrant against this agency, she closed the agency and managed to flee to some unknown place. According to the appellant, it is mandatory to renew the license of security agency after six months. He has requested to supply copies of complete file relating to the license issued to the said agency. In order to elucidate whether copies of the requested documents were available or otherwise, General Branch South District was asked to furnish a report as per record. In response the General Branch/South District informed that no file in the name of Private Security Agency M/s. Debonair Security & Allied, New Delhi has been found. The same has also not been found available in the Licensing Branch and as per statement of Sub Inspector R.S. Dahiya Licensing Branch, Delhi, no such file exists in their record from July, 2010 till date.

5. The appellant during the hearing alleges that the aforementioned security agency was allowed to function without proper licence or police verification. The appellant further states that the Police has not made sincere efforts to locate the owner of the Security Agency and to locate the file.

6. There is some merit in the contention of the appellant. The respondent ought to have transferred the RTI application to the Licensing Branch of Delhi Police for a reply by them. The CPIO is directed to transfer the RTI application u/s 6(3) of the RTI Act to the CPIO/Licensing Branch of Delhi Police within five days of receipt of this order for providing information directly to the appellant, along with a copy of this order. In view of submissions of the appellant that the Security Agency was allowed to function illegally, the CPIO/South District is directed to apprise the appellant of any action taken by them against the Agency.

7. The matter is disposed of with directions to the CPIO/Licensing Branch, Delhi Police and the CPIO/South District to comply with the directions of the Commission within three weeks of receipt of this order.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar Address of the parties:

Shri A.K. Rathore, House No,. 381, Handipana Lane, Alipur Village, Delhi-110036.

The Addl. DCP/CPIO, Delhi Police, South District, DCP Office Complex, Hauz Khas, New Delhi.

The DCP/FAA, Delhi Police, South District, 4 Case No. CIC/SS/A/2012/003086 DCP Office Complex, Hauz Khas, New Delhi.