CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2009/002686/6002
Appeal No. CIC/SG/A/2009/002686
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Ashish Kumar Paul
B-106, 2nd Floor,
Pandav Nagar, Delhi - 110092
Respondent : Mr. Mukul Koranga
Public Information Officer & Dy. Secretary
Govt. of NCT of Delhi
Home (General) Department,
5th Level, A-Wing, Delhi Sachivalaya,
I.P. Estate, New Delhi
RTI application filed on : 19/05/2009
PIO replied : 11-06-2009
CIC Remanded to FAA on : 10/07/2009 no.(CC/SG/C/2009/00804/4066)
First Appellate Authority order : 31/07/2009
Second Appeal received on : 10/10/2009
Hearing Notice issued on : 06/11/2009
Hearing held on : 18/12/2009
Sl. Information sought PIO’s Reply
1. Kindly inform the name of all competent authority who The information sought by
were involved to screening as well as withdrawal you is neither available with
Committee members in violation of Ministry of Home the Home Department not it
Affair addressed vide their ref.no.2011/03/2009, 29-04- can be provided under Section
2008 under instruction of Presidential Secretariat ref.no. 8(1)(j) being personal
8(59)/06 dated 14/02/2008. Send their Bank Account information as the same has
details, date of appointment all mobile & phone call details no relationship to any public
& receiving details, their fixed assets & movable assets activity or interest.
details, including signing authority’s all phone records,
phone call details, Bank Account & all assets in ref. no.
F.14/17/2008/HG/894 dated 4.3.09 as enclosed.
2. What strategy prepared for rescue the officers from false Transferred vide letter no.
prosecution alongwith other accused persons. What special F.14/12/2009/HG/1955 dated
assignment made. . 02-06-2009 to PIO, DCP/HQ,
Police Head Quarter, ITO,
Delhi.
3. Is this office of Hon’ble L.G., withdrawal Committee of Transferred vide letter no.
NCT of Delhi, office of TRAI. Ld Session Court In charge F.14/12/2009/HG/1955 dated
Kkd Delhi that L.G. also Made accused party i.e. 02-06-2009 to PIO, DCP/HQ,
respondent vide criminal writ petition no. 898/2004, hence Police Head Quarter, ITO,
he can also book by the duty bond mm or ld. Trial court Delhi.
during demand or Adequate treatment or direct demand by
the complainant property broker.
4. What special arrangement made by withdrawal committee Transferred vide letter no.
for rescue of the officers from the clutch or injustice F.14/12/2009/HG/1955 dated
system in lower judicial system. 02-06-2009 to PIO, DCP/HQ,
Police Head Quarter, ITO,
Delhi.
5. Why the screening committee has not screen all the factors The competent authority after
before taking wrong decision? having examined the reports
received from Director of
Prosecution and Police
authorities in respect of the
case FIR no. 488/2004 and
taking into account the
recommendation of the
screening committee did not
approve the case for
withdrawal from prosecution.
6. Is award of 3 years S.I. to A.P.P. Ram Ratan vide Fir no. Transferred vide letter no.
Ro55A/96 P.S. CBI U/57 PCA Act is one of the most F.14/12/2009/HG/1955 dated
strong reasons with a motivation to take revenge by the 02-06-2009 to PIO, Director
Director of Prosecution hence left innocents life in the of Prosecution, Govt. of NCT
darkness. of Delhi,Tis Hazari, Delhi..
7. Kindly supply the copy of bail orders passed on Feb 1995 Transferred vide letter no.
by ASI Sh. S.N.Dhingra in case FIR no. 312/94, P.S. preet F.14/12/2009/HG/1955 dated
vihar decided on 09-09-1999 for writ jurisdiction in Apex 02-06-2009 to PIO, DCP/HQ,
Court. Police Head Quarter, ITO,
Delhi.
8. Please let me know that is their officer of screening Transferred vide letter no.
committee is withdrawal committee members, office of F.14/12/2009/HG/1955 dated
Hon’ble L.G. office of TRAI & session court incharge 02-06-2009 to PIO, DCP/HQ,
knew that under his nose lot of hidden powers are working Police Head Quarter, ITO,
in this case file no. uss/04. Delhi.
9. The reason of non-compliance of order of Sh. P.K. Saxena Transferred vide letter no.
ASJ, Tishazari to the Chief Probation officer Sewa Kutir F.14/12/2009/HG/1955 dated
Camp vide & separate application through GID PHQ 02-06-2009 to PIO, DIG,
Lajwanti Garden Chowk, Mayapuri for compensation/re- Central Jail Tihar, Delhi.
establishment for Rs.5000/- each.
Grounds for First Appeal:
The Information was not provided.
Order of the First Appellate Authority:
The FAA in his detailed order that most of the queries of the appellant are not clear as
what information they are seeking. However the Home Department had provided information on
point no. 1 & 5. Queries 2,3,4,7, & 8 were transferred to concerned department. The FAA agreed
with contentions of the PIO and disposed the appeal accordingly.
Grounds for Second Appeal:
Incomplete information was provided. FAA had also wrongly disposed the appeal.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Ashish Kumar Paul on video conference from NIC Bardhwan- Studio;
Respondent: Mr. Mukul Koranga, Public Information Officer & Dy. Secretary;
Mr. R.S.Chauhan, ACP Preet Vihar;
The Appellant had earlier agitated the same mater5 and this matter ha been
settled in the case no. CIC/SG/C/2009/000795/4957 dated 24 September 2009 the
matter has been heard and the respondent form Home Dept. DIG Prison, Tihar Jail
and Police Headquarter were all present. The Appellant has again taken the same
matter by filling a separate appeal and is clearly misusing the provisions of the law.
The Commission does not take kindly to the person who misuses the provision of
law and raise the same matter repeatedly.
Decision:
The appeal is dismissed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this order will be provided free cost as per Section 7(6) of
RTI Ac.
Shailesh Gandhi
Information Commissioner
18 December 2009
(In any correspondence on this decision, mentioned the complete decision number.)k.j.