CENTRAL INFORMATION COMMISSION
Appeal No. CIC/ WB/A/2009/000688 dated 19.6.2009
Right to Information Act 2005 - Section 19
Name of the Appellant : Shri Mahendra Kumar Agarwal
Name of the Public Authority : Deputy Commissioner of Police,
New Delhi District
BACKGROUND
:
Shri Mahendra Kumar Agarwal, the appellant has filed a second appeal
before the Commission stating that the information sought by him in his RTI
application dated 1.4.2009 has been denied under Section 8(1)(h) of the RTI
Act, 2005 by the respondent, on the plea that as the matter is sub-judice.
2. The matter was heard on 4.1.2010.
3. The appellant was not present.
4. Shri V.S. Joon, ACP and Smt. Usha Chopra SI represented the
respondent.
5. After hearing the respondent and perusal of the papers it emerged that
the appellant has sought information on the following points:-
1. Copies of the correspondence the IO had with the company during
enquiry.
2. Copy of the reply given by the company in their defence.
3. Copy of all the documents annexed by the company with their reply.
4. Copy of all other documents collected by the IO during enquiry.
During the hearing the respondent submitted that on receipt of the
said complaint, an enquiry was conducted and the same was filed on
25.3.2009. On this, complainant Shri Mahender Kumar Agarwal has filed a
petition U/s 156(3) Cr. P.C. in the Patiala House Court. As per the directions
of the Hon’ble Court of MM, Patiala House, New Delhi, a detailed status report
was filed in the court on 31.3.2009 and the copy of the same was also
provided to the complainant. Now the case has been listed for 8.7.2009.
Thus, the matter is subjudice in the court. Therefore, the PIO/New Delhi
District has given proper reply dated 30.4.2009 to the appellant to his
application under the RTI Act, 2005. The respondent also submitted a written
submission , the last paragraph of which is as follows :- “On 8.07.2009, Ld.
MM Sh. Jitender Mishra dismissed the application u/s 156(3) Cr.P.C. and
directed to lead the complaint evidence on 22.08.2009. Complaint witness is
closed and now the same is pending for pre-summoning argument and the
next date of hearing is fixed for 30.11.2009. The matter is already subjudice
in the Court. The next date of hearing is fixed in this case is 4.01.2010.”
Decision
After hearing the respondent and on examining the relevant
documents the Commission finds that the disclosure of the desired
information will not impede the process of prosecution of the accused in the
on-going case. Therefore, the respondents are directed to provide the
complete information, free of cost, to the appellant within 7 days of receipt of
the order of the Commission.
(Sushma Singh)
Information Commissioner
4.01.2010
File No. CIC/ WB/A/2009/000688
Authenticated true copy:
(P.C. Purkait)
S.O. & Asst. Registrar
Copy to:
1. Sh. Mahendra Kumar Agarwal
F-16A, Vats Comples
2nd Floor, Vikas Marg
Shakarpur
Delhi-110092
2. Sh. V. A. Gupta
Addl. Dy. Commissioner of Police
New Delhi Dist.
Parliament Street
New Delhi
3. Sh. S. Dash
Dy. Commissioner of Police
New Delhi Dist.
Parliament Street
New Delhi