Central Information Commission Judgements

Mr.Rajendra Prasad vs Ministry Of Home Affairs on 19 October, 2011

Central Information Commission
Mr.Rajendra Prasad vs Ministry Of Home Affairs on 19 October, 2011
                         Central Information Commission
              Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                      Bhikaji Cama Place, New Delhi­110066
                     Web: www.cic.gov.in Tel No: 26167931

                                                           Case No. CIC/SS/A/2011/000947

Name of Appellant                     :       Shri Rajendra Prasad

Name of Respondent                    :       Delhi Police, North West District.

Date of Hearing                       :       13.10.2011

                                          ORDER

Shri Rajendra Prasad, the appellant has filed this appeal dated 11.5.2011 before
the Commission against the Delhi Police, North West District, for not providing information
to his RTI-request dated 11.2.2011. The matter came up for hearing on 13.10.2011. The
appellant was absent, whereas the respondents were represented by Shri Romil Baaniya,
PIO, Shri Brij Pal Singh, Inspector, Shri Arvind Kumar, ASI and Shri Inderaj Singh,
Inspector.

2. The appellant filed RTI-request dated 11.2.2011 addressed to PIO, Delhi Police,
PHQ, New Delhi, seeking action taken report on his complaint dated 8.12.2010 sent to
Commissioner of Police. The PIO, Delhi Police, PHQ vide letter No. XXIV/29/Spl/ID-
713/2011/6052 dated 15.2.2011 transferred the RTI application to PIO, Delhi Police, North
West District, Delhi. The PIO, Delhi Police, North West District vide letter No. ID-341 & Dy.
No. 175(Misc)/11/1220/RTI Cell/NWD dated 18.3.2011 informed the appellant that SHO,
Bharat Nagar has reported that the complaint was regarding money transaction which was
civil in nature. Moreover, the place of occurrence of the incident falls under the State of
Bihar. Hence, no FIR has been lodged in PS Bharat Nagar in this regard.

3. Aggrieved by reply of PIO, the appellant filed first-appeal 26.3.2011 before FAA.
The FAA vide order No. 237/RTI/Appeal/NWD dated 26.4.2011 remitted the appeal to
PIO, NWD with the directions to consider the points mentioned by the appellant in his
2 Case No. CIC/SS/A/2011/000947

appeal and provide all the relevant information/documents permissible under the RTI Act
to the appellant.

4. During the hearing the respondent submitted that in compliance with the direction
of FAA, all the relevant information/documents were provided to the appellant vide letter
No. 1870/RTI-Cell/NWD dated 28.4.2011. The respondent further submitted that money
transaction was done in the State of Bihar; hence no FIR was lodged in this regard.

5. In his second-appeal before the Commission the appellant’s has contested that
why FIR was not lodged by the Police.

6. Having heard the respondents, the PIO is hereby directed to provide a copy of the
enquiry report to the appellant within two weeks of the receipt of this order. In case the
appellant is not satisfied with the enquiry report, he is advised to approach the competent
authority for the redressal of his grievance.

The matter is accordingly disposed of with the above directions.

(Sushma Singh)
Information Commissioner
19.10.2011
Authenticated true copy:

(K.K. Sharma)
OSD & Deputy Registrar
3 Case No. CIC/SS/A/2011/000947

Address of the parties:

Shri Rajendra Prasad,
N-17, C/252, F-Block, J.J. Colony,
Ashok Vihar, Wazirpur,
Delhi-110052.

The Additional Deputy Commissioner of Police & PIO,
Delhi Police, North West District,
Ashok Vihar,
Delhi-1100052

The Deputy Commissioner of Police &First Appellate Authority,
Delhi Police, North West District,
Ashok Vihar,
Delhi-1100052