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/WB/A/2009/000325
Name of Appellant : Sh. Rakesh Agrawal
Name of Respondent : Delhi Police, Economic Offence Wing
Background
Sh. Rakesh Agrawal, the Appellant, had filed an RTI application dated
29.08.2008, seeking information regarding a certain complaint filed against him. The RTI
application was addressed to Addl. Dy. Commissioner of Police, Crime Branch, PHQ,
New Delhi. Thereafter, the CPIO/Dy. Commissioner of Police, Economic Offence Wing,
Crime Branch New Delhi replied to the Appellant vide letter dated 24.09.2008 informing
him that the information sought for could be had from Dy. Commissioner of Police/South
Dist. since the subject matter had been transferred to the Dy. Commissioner of Police,
South Dist. vide letter dated 5.07.2008. Aggrieved with the reply the Appellant filed a
first appeal before the First Appellate Authority (FAA)/Addl. Dy. Commissioner of
Police, Economic Offence Wing, Crime Branch, New Delhi, who, vide his order dated
23.02.2008, rejected the appeal on the ground of it being time barred. Hence, the present
appeal before the Commission.
2. The matter was heard on 8.03.2010.
3. The Appellant was not present.
4. Sh. Vikram K. Porwal, ACP/CBT/EOW, Sh. Vishal Khanwakar,
S.I./CBI/EOW and Sh. M. K. Mishra, Inspector represented the Respondent
Public Authority.
The Appellant in his second appeal has submitted that the CPIO/Dy. Commissioner of
Police, Economic Offence Wing, Crime Branch, has erred in directing him to seek the
desired information from the Dy. Commissioner of Police, South Dist. to whom the RTI
request has been transferred.
The Appellant submits that the CPIO/Dy. Commissioner of Police, Crime Branch,
should have collected the information, wherever existing in Delhi Police and supplied it
to him. Also, that the FAA should not have refused to entertain the first appeal on
grounds of it being time barred. The Commission observes that the CPIO is not supposed
to collect the information from offices of other Dy. Commissioners of Delhi Police since
the jurisdiction of each CPIO is distinct. The Commission further observes that the FAA
should have taken a liberal view in entertaining the first appeal. In case the
Dy. Commissioner of Police/South Dist has not provided the requisite information to the
Appellant, the CPIO/Dy. Commissioner of Police, South Dist. is hereby directed to
provide the requisite information to the Appellant within 15 days of this present order
along with his explanation / reasons for not providing the requisite information within the
stipulated period under the RTI Act.
With these directions the matter is disposed of.
Copy of the order be given free of cost to the parties.
(Sushma Singh)
Information Commissioner
16.03.2010