CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00466 dated 05.05.'08
Right to Information Act 2005-Section 18(1)(e)
Complainant: Ms. Suman Nalwa
Respondent: Deputy Commissioner of Police (DCP), Vigilance, Delhi.
Decision
Announced on 5.8.’09
The Commission has received a complaint from Ms. Suman Nalwa, ACP
of Tagore Garden, New Delhi praying as follows: –
(i) “To initiate an inquiry against the respondent;
(ii) Summon the respondent and direct him to give
oral or written evidence on oath and to produce
the document on affidavit.
(iii) Impose a penalty of Rs. 500/- for a total delay of
two days in furnishing information sought u/s 6
RTI Act.
(iv) Direct the respondent to furnish the information
sought by complainant u/s 6 RTI Act dt.
22.02.2008.”
Ms. Suman Nalwa’s application seeking information together with copies
of documents regarding a complaint filed by her husband K Mahesh against her
was originally moved through an application of 22.02.2008 before PIO Police HQ.
In his response of 25.03.2008 the PIO, Deputy Commissioner of Police,
Vigilance, Delhi responded para-wise to the complainant. Ms. Suman has moved
a complaint before us alleging that the most of the information has been wrongly
denied in terms of Sec. 8(1)(g) & (e) and the PIO has responded late by two
days. She has not however moved an appeal before first appellate authority
under sub-section 1 of Sec. 19 of the RTI Act 2005.
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Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to his public authority and because the
complainant has pleaded no ground for making a direct complaint to us u/s
18(1)(e), the Commission has decided to remand this complaint to the First
Appellate Authority Additional Commissioner of Police, Vigilance, Delhi
Shri R. P. Upadhyaya to dispose of the complaint of Mrs. Suman Nalwa
within ten working days from the date of receipt of this decision, under
intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information
Commission.
Shri R. P. Upadhyaya Addl CP will also satisfy himself on the issue of
reasons for delay in response of CPIO, DCP (Vig.) rendering him liable for
penalty of Rs. 500/- @ Rs. 250/- per day and if so required approach this
Commission for initiation of proceedings under section 20 (1) of the RTI Act for
imposition of penalty and/ or recommending appropriate disciplinary action u/s 20
(2).
In conclusion it is clarified for the benefit of complainant Ms. Suman
Walia that if not satisfied with the information provided on her 1st appeal, she will
be free to move a 2nd appeal before us as per Sec 19 (3).
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
05.08.2009
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.
(PK Shreyaskar)
Jt. Registrar
05.08.2009
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