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/2010/000249
Name of the Appellant : Ms. Hema D Souza
(The Appellant was not Present)
Name of the Public Authority : Addl. Deputy Commissioner of Police,
Economic Offences Wing, New Delhi.
Represented by Shri Rajesh Deo,
Addl. DCP., Shri Sushil Kumar,
Inspector and shri M.K. Mishra,
Inspector.
The matter was heard on : 7.12.2010.
ORDER
Ms. Hema D Souza, through her RTI application dated 13.5.2009 sought
the information from the CPIO, Office of Commissioner of Police, Delhi Police,
H.Q. Not getting any information within the period stipulated under RTI Act, the
Appellant filed an appeal before the First Appellate Authority (FAA). Not getting
any information even after filing the first appeal, the Appellant filed the present
appeal before the Commission.
After hearing the Respondent and on perusal of relevant documents on
file, it emerges that the CPIO, Office of Commissioner of Police, Delhi Police,
H.Q. forwarded the RTI application to different PIOs. It also emerges that the
PIOs to whom the RTI application was forwarded, also has failed to provide the
complete requisite information. In view of the above, the Commission is of the
view that the CPIO, Office of Commissioner of Police, Delhi Police, H.Q. was
under the obligation to provide information relating to the action taken by the
Office of Commissioner of Police, Delhi Police, H.Q. on the complaint of the
Appellant, as the Appellant had asked for the action taken by the Office of
Commissioner of Police, Delhi Police, H.Q. on her complaint. The CPIO,
Office of Commissioner of Police, Delhi Police, H.Q. is not supposed to work
merely as a Post Office for forwarding the RTI application to other PIOs, rather
they are supposed to provide information relating to Police H.Q. Keeping in
view the peculiar facts and circumstances of the present case, the Commission
deems it fit to direct the CPIO, Office of Commissioner of Police, Delhi Police,
H.Q. to collect the information from the concerned PIOs and to provide it to the
Appellant within 20 days of receipt of this order including the action taken by the
Commissioner of Police on the complaint. The Commission is also of the view
that the CPIO, Office of Commissioner of Police, Delhi Police, H.Q. has prima
facie caused a delay of more than 100 days beyond the period stipulated under
the RTI Act, by not providing information relating to his own office. Therefore,
the CPIO is directed to show cause why a penalty of Rs.25000/ should not be
imposed on him for causing a delay of more than 100 days in providing the
information as per the provisions of the RTI Act.
A Show Cause Notice will be issued separately.
Sd/
(Sushma Singh)
Information Commissioner
7.12.2010
Case No. CIC/SS/A/2010/000249
Authenticated true copy:
(S.Padmanabha)
Under Secretary & Deputy Registrar
Copy to:
1. Ms. Hema D Souza,
82, Sector2, Pocket1,
Dwarka, PhaseI,
New Delhi110075.
2. The Chief Public Information Officer,
Office of Commissioner of Police,
PHQ, ITO, I.P.Estate,
New Delhi.
3. The Appellate Authority,
Office of the Addll. Dy. Commissioner of Police,
Economic Offences Wing,
Crime Branch,
New Delhi.