CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2007/01472 dated 14-11-2007
Right to Information Act 2005 - Section 19
Appellant: Smt. Rati
Respondent: Deputy Commissioner Police (DCP) NE
FACTS
By an application of 3-5-07 Smt. Rati of Yamuna Vihar, Delhi applied to
the DCP (NE) seeking the following information:
“Please provide me certified copy or CD after inspection. I will
pay the fees as per rule. I want to inspect the Record. Please
give time and date.’Attached to this application was an Annexure with the details of
information sought, which were in brief information on action taken on her
application and grievances dated 20-3-07 and 31-3-07submitted to the DCP
(NE).To this she received a response from PIO, Shri Jaspal Singh, DCP (NE)
informing her that “it has been found that the place of occurrence i.e. Village-
Bhandhwari, PS Sector-29, DLF Gurgaon, Distt. Gurgaon falls in the
jurisdiction of Distt. Gurgaon, Haryana. You may approach SSP Gurgaon in
this regard.”However, Smt. Rati then submitted a further representation to DCP
(NE) on 28-5-07 submitted as below:“Therefore, this is not an information which does not throw light
on following facts and Annexure A does not contain any
information which has been sought:(i) Under Mense rea taken by showing love and
affection from residence to Delhi;(ii) To hide the acts of life threatening and threat to
put in loss;(iii) Fear of loss of life and property on taking action in
Gurgaon;(iv) To take from residence for gain to self and loss to
others.(v) Inaction on the part of authorities shows denial of
information”
1
PIO Shri Jaspal Singh, DCP (NE) again responded on 4-6-07 informing
applicant Ms. Rati in identical manner to the first application but also adding
the gist of the enquiry report conduced which in brief only recourse that the
two instances in question took place in Gurgaon district.
Appellant then moved her first appeal on 11-6-07 before Addl. CP
(Hqrs.) but stating that the 1st Appellate Authority didn’t take up the appeal
send on dated 11.6.2007, which the appellate authority was supposed to deal
with within one month but till date no communication has been sent to this
appellant accepting or rejecting the appeal.
She has pleaded as follows:
“1. The Ld. PIO Shri Jas Pal Singh the officer currently
discharging his functions previously assigned to be
directed to supply the information sought by this appellant
on dated 4.5.2007 and also concerned PIO be asked to
pay Rs. 250.00 (Rs. Two hundred fifty) per day till the
information is actually supplied to this appellant.
2. AND the Commission may also be pleased to pass such
orders and other relief which it may think appropriate
taking into account the circumstances of the case and
age of this appellant who is under going traumatic
conditions in the pursuit of his right and his social duty.
3. AND compensation may also be granted u/s RTI Act 19 &
in Sub Sec 8 of the Sec 19 (B).”
The appeal was heard on 26-2-2009. The following are present.
Respondents
Shri L. R. Meena, ACP.
Shri S. B. Gautam, I/C RTI/NE.
Although informed of the date of hearing through our notice of 21-1-
2009 appellant Smt. Rati has opted not to be present. Respondent Shri L.R.
Meena submitted that in fact first appellate authority JCP, New Delhi Range,
had heard the matter and issued an order dated 19-7-07 on the appeal of Ms.
Rati. A copy of this order was presented before us in the hearing and taken
on record. This order of appellate authority Shri Alok Kumar Verma JCP
states as below:
2
“Shri S. P. S. Nagar attended this office with a letter of authority
from the appellant to represent her case. He was heard in person
on 18.7.07. I have examined all the record and find the PIO/ North
East District has already apprised the appellant that the place of
incident mentioned in the complaint dated 20.3.2007 falls under the
jurisdiction of District Gurgaon, Haryana. The PIO/ North East
District has also endorsed a copy of the reply and its enclosures to
SSP/ Haryana to provide requisite information to the appellant. In
this regard, the appellant has also been advised to approach SSP/
Gurgaon, Shri S. P. S. Nagar stated that the appellant is the
resident of Yamuna Vihar and she is living under threat and
requested to ensure her safety and security. I am asking DCP/ NE
to issue necessary directions to SHO/ Bhajan Pura to ensure safety
and security of the appellant.’DECISION NOTICE
In the light of the above orders of JCP Shri Alok Kumar Verma, 1st
Appellate Authority, New Delhi Range the requirements of the RTI Act
including Sec 6 (3) have been met. There is obviously no substance that
remains in this appeal, which is hereby dismissed.
Announced in the hearing. Notice of this decision be given free of cost
to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
26-2-2009
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 K.P. Shreyaskar)
Joint Registrar
26-2-2009
3