CENTRAL INFORMATION COMMISSION
Adjunct to Appeal No.CIC/WB/A/2008/00574 dated 18.3.2008
Right to Information Act 2005 - Section 19 (3)
Appellant - Shri Ramesh Malik
Respondent - Dy. Commissioner of Police (Crime & Rlys)
ORDER
In our decision of 4.6.2009 we had held as follows:
“In this case quite clearly, since enquiries have been conducted by
the police on complaints made by citizens, this would amount to
public activity. But because there is a third party to the issue, before
a decision is announced, it will be necessary for this Commission to
inspect the relevant documents. For this purpose respondents will
appear before us with copies of inquiry reports, if any, carried out
on the complaints in question, on 24.6.’09 at 10.15 am. Since
appellant is based in Mumbai, he may appear through
videoconference. Similarly third party Shri Ashok Malik may be
informed of the hearing should he wish to be present”
The basis of our decision was the following:
“The only issue that he now presses is for copies of enquiries, if
any, carried out on the complaints, which constituted question No.
2”
The following appeared before us on 8.7.2009:
Appellant
Shri Ramesh Malik
Respondents
Shri Sanjay Tyagi, Addl. DCP
Shri Rajender Singh, Sub Insp.
3rd Party
Third party Shri Ashok Malik although informed of the hearing vide
our notice of 23.6.09, has opted not to be present.
Vide his submission of 17.6.2009 Shri Ramesh Malik had intimated that he
will be available in Delhi from 7th to 15th July, 2009. Consequently, the hearing
has been held in the Chamber of Chief Information Commissioner
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Shri Ramesh Malik submitted that he was interest in receiving copies both
of complaints and enquiries which constitute points 1 & 2 of his original
application and not only copies of enquiries. He also clarified that the origin of
the case does not lie in the initiation of partition proceedings, but lies in the
dispute over ownership of the property from the date mentioned.
Subsequently, we have examined the file of Crime Branch, Delhi Police
No. CAR-HAC-Vol. I, which contains the enquiry report in the file noting
commencing at page 11. Shri Sanjay Tyagi, Addl. DCP submitted that this is the
only enquiry conducted by the Crime Branch of the Delhi Police on the
complaints received with regard to S/Shri Ashok & Ramesh Malik. We find that
although there are indeed references to Shri Ashok Malik and one Shri Ramesh
Sharma, the details of examination of what could be construed as personal
information is only with regard to Shri Ramesh Malik, who is appellant in this
case.
DECISION NOTICE
Clearly, the information sought by appellant Shri Ramesh Malik in the
present case can in no way be treated as invasion of privacy exempted from
disclosure under sub sec. (j) of sec. 8(1), which has been quoted in detail in our
original decision of 4.6.2009. The information sought relates directly to a public
activity, which is an enquiry by the Crime Branch on the basis of complaints
received. There is no unwarranted invasion of the privacy of any individual in the
enquiry report, since information on the individual discussed extensively in the
report is none other than the appellant Shri Ramesh Malik himself. The appeal
is, therefore, allowed. The information sought at points 1 & 2 of the application
of Shri Ramesh Malik dated 31.10.07 will now be provided to him within ten
working days of the date of receipt of this Decision Notice. There will be no
costs.
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Announced in the hearing Notice of this decision be given free of cost to
the parties.
(Wajahat Habibullah)
Chief Information Commissioner
8.7.2009
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO of
this Commission.
(Pankaj Shreyaskar)
Joint Registrar
8.7.2009
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