Central Information Commission Judgements

Mr.Durgesh Mishra vs Ministry Of Home Affairs on 17 March, 2010

Central Information Commission
Mr.Durgesh Mishra vs Ministry Of Home Affairs on 17 March, 2010
                        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/SS/A/2009/00065

        Name of Appellant                                      :         Sh. Durgesh Mishra

        Name of Respondent                                     :         Delhi Police, South Dist.

Background

Sh. Durgesh Mishra, the Appellant, had filed an RTI Application dated
29.01.2009 seeking information on a complaint filed by him, in which he had alleged
beating and harassment at the hands of Police Officials.

2. The matter was heard on 18.03.2010.

3. Sh. Durgesh Mishra, the Appellant accompanied with Sh. Om Prakash was
present.

4. Sh. Balkrishan, ACP/S-D and Sh. Mahabir Prasad, I/C RTI cell/SD
represented the Respondent Public Authority.

During the hearing the Appellant submitted that he has been provided an enquiry
report which is not at all satisfactory and the Commission also observes that the enquiry
report provided to the Appellant prima-facie appears to be very sketchy. The Respondent
submitted that infact a more detailed enquiry has subsequently been conducted into this
matter on the written representation made by the Appellant before the Commissioner of
Police, Delhi.

After hearing the parties and on perusal of the relevant documents the
Commission is of the view that the detailed enquiry report conducted by the Police
should also have been provided to the Appellant because the subsequent enquiry is on the
same allegations of the Appellant that were made in his RTI application. The
Commission, therefore, directs that CPIO to provide a copy of the subsequent enquiry
report, along with the statement of witnesses and concerned file notings free of cost to the
Appellant within 7 days of receipt of this order.

With this order, the matter is disposed of.

Copy of the order be given free of cost to the parties.

                                                                            (Sushma Singh) 
                                                                         Information Commissioner 
17.03.2010