Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SM/A/2009/001385
Name of Appellant : Sh. S. C. Gupta
Name of Respondent : Delhi Police, North Dist., Civil Liens
Background
Sh. S. C. Gupta, hereinafter called the Appellant, vide his application dated
19.01.2009 under the RTI Act, 2005, sought to know the action taken on his
representation dated 6.11.2008, DD No. 12-A dated 7.11.2008, regarding harassment etc.
caused by the Dy. Chief Auditor, Sh. R. C. Gupta, Smt. Pravin Tripathy, Chief Auditor
and others because of certain irregularities pointed out by the Appellant regarding misuse
of Staff car by the Chief Auditors and illegal drawal of Car Allowance by Sh. R. C.
Gupta, Sh. Gurbax Singh and Sh. K.B.L. Srivastava of Addl. Dy. Chief Auditors of
MCD, Town Hall, Delhi. The CPIO / Dy. Commissioner of Police, North Dist., Delhi
vide his letter dated 18.02.2009 replied to the Appellant, informing him appellant that an
enquiry had been conducted into his complaint by the LocalzPolice which revealed that it
was a case of dispute over allowances of retired officer of the MCD and that no further
action was warranted by the Local Police in this regard. Aggrieved with the reply the
Appellant filed first appeal before the First Appellate Authority(FAA)/Jt. Commissioner
of Police, Northern Range who, vide his order dated 24.07.2009 who held that as per CIC
decision dated 31.05.2006 on the appeal of Sh. Partap Singh Gadas, against
Jt. Commissioner of Police, Northern Range, New Delhi held that the RTI Act. cannot be
used to make Public Authority to do certain things or to take certain action. However, the
First Appellate Authority remitted the matter to the PIO, North Dist, with directions to
provide a copy of the enquiry conducted into the representation of the Appellant.
Aggrieved with the replies / decision the Appellant has filed the present appeal before the
Commission.
2. The matter was heard on 31.03.2010
3. Sh. S. C. Gupta, the Appellant was present.
4. Sh. Surjit Malik, ACP.North and Sh. Ravi Kant, SI/RTI North represented the
Respondent Public Authority.
During the hearing the Respondent submit that following the directions of the FAA, a
copy of the enquiry report conducted by the Local Police, Delhi duly certified, has been
provided to the Appellant vide CPIO’s letter dated 18.08.2009 and again on a
representation being received from the Appellant on 16.02.2010.
The Respondent submits that he has received letter dated 16.02.2010 of the
Respondent along with the enquiry report, he, however, submits that he is not satisfied
with the enquiry report since no action has been taken against the persons complained
against who have caused harassment and physical and mental torture to him. He
submittedthat deductions made from his salary have not been credited into his GPF
account, cheques with-held etc. The Respondent on the other hand submit that this is a
departmental matter and Officials and of the MCD/Vigilance are competent to take
necessary action regarding such complaints.
After hearing the parties and on perusal of the relevant documents the commission
finds that requisite information has been provided to the Appellant by the Respondent.
The Respondent are, however, directed to sent a copy of complaint petition, the enquiry
report and other documents to the Commissioner MCD, for necessary action, if not done
so already. With this observations / directions the matter is disposed of accordingly.
(Sushma Singh)
Information Commissioner
31.03.2010