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Central Information Commission

Nipun Arora vs Delhi Police on 15 March, 2019

                                   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/2017/166010


Nipun Arora                                                    ... अपीलकताग/Appellant


                                         VERSUS
                                          बनाम


CPIO, O/o Addl. Deputy                                     ...प्रनतवािीगण /Respondents
Commissioner of Police, Delhi
Police, Central District, Delhi.


Relevant dates emerging from the appeal:

RTI : 16.06.2017             FA       : 07.08.2017          SA : 15.09.2017

CPIO : No Reply              FAO : No Order                 Hearing : 13.03.2019


                                       ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Deputy Commissioner of Police, Central District, New Delhi, seeking inspection of the monthly reports (Form-F) submitted by hospitals, clinics and laboratories to the Page 1 of 3 'Appropriate Authority' concerned under Rule 9 of Pre-Conception and Pre-Natal Diagnostics Techniques (PC&PNDT) Act.

2. The appellant filed a second appeal before the Commission on the grounds that the CPIO has not yet furnished any reply/information in response to his RTI application. Further, the FAA also did not adjudicate upon his appeal. The appellant requested the Commission to direct the CPIO to allow him the inspection of the requisite records as sought for by him in the RTI application.

Hearing:

3. The appellant was not present despite notice. The respondent Shri Har Surinder Pal Singh, ACP, Central District, Delhi Police, Delhi was present in person.

4. The respondent submitted that the RTI application dated 16.06.2017 and the first appeal dated 07.08.2017 were not received by them since the subject matter pertains to Dy. Commissioner (Central) and SDM/HQ, Daryaganj, Delhi.

Interim Decision:

5. The Commission, after hearing the submissions of the respondent and perusing the records, notes that the Central Registry of CIC had by oversight registered the case in the name of Delhi Police with the result that the file was allocated to Registry of CIC (SB). The Commission, therefore, directs the Dy. Registrar-CR, CIC to transfer the case in the name of the relevant Department and Page 2 of 3 thereafter allot the same to the Registry dealing with the Public Authority concerned.

6. Copy of the interim decision be provided free of cost to the parties.

Sd/-

Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 14.03.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:

1. The First Appellate Authority (FAA) O/o Addl. Deputy Commissioner of Police, Central District, Daryaganj, Delhi.
2. The Central Public Information Officer (CPIO) O/o Addl. Deputy Commissioner of Police, Central District, Daryaganj, Delhi.
3. Shri Nipun Arora Page 3 of 3