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/2009/000511
Name of Appellant : Sh. Brij Mohan Mahajan
Name of Respondent : Delhi Police, Special Cell, PHQ
Background
Sh. Brij Mohan Mahajan, the Appellant, had filed an application dated 2.04.2009
seeking certain information regarding a forgery case in which he is the complainant, from
the CPIO/Special Cell. Sh. Alok Kumar, PIO/Dy. Commissioner of Police, Special Cell,
vide his letter dated 6.01.2009 informed the Appellant that the charge sheet has already
been filed in the concerned Court and all the relevant documents have been sent along
with charge sheet and therefore, the copies of the charge sheet and relevant copies can be
sought from the concerned Court. Aggrieved with the decision of the CPIO, the
Appellant filed a first appeal before the First Appellate Authority (FAA)/ Jt.
Commissioner of Police, Special Cell. The FAA, also upheld the decision of the CPIO.
Hence this present appeal before the Commission.
2. The matter was head on 25.03.2010.
3. Sh. Brij Mohan Mahajan, the Appellant was present.
4. Sh. Alok Kumar, DCP/Spl. Cell, Sh. L. N. Rao, ACP/Spl. Cell, Sh. Satender
Sajwan, Insp./Spl. Cell. And Sh. S. K. Singh, Insp./ Traffic represented the
Respondent Public Authority.
During the hearing the Appellant submits that as per advice of the CPIO/Special Cell, he
had sought the relevant documents from the concerned Court and after careful inspection
of the relevant documents in the Court file he could not find the application submitted on
2.10.1994 with the signature of Arun Mahajan. He, only presses for information on
above said application dated 2.10.1994 and on point no. 29 of the RTI Application,
wherein he had questioned the mode of investigation. On the other hand, Sh. Alok
Kumar, Dy. Commissioner of Police, Special Cell and Sh. L. N. Rao, ACP/Special Cell
submit that the police had forwarded all the relevant documents along with the charge
sheet and that the application dated 2.10.1994 sought by the Appellant, must be in the
concerned filed. Sh. Alok Kumar, Dy. Commissioner of Police/Special Cell and Sh. L.
N. Rao, assured the Appellant and the Commission that they would help the Appellant to
locate the relevant document i.e. 2.10.1994, from the concerned Court file. ‘
Be that as it may be, after hearing the parties and on perusal of the documents the
Commission hereby directs Sh. Alok Kumar, Dy. Commission of Police, and Sh. L. N.
Rao, ACP, Special Cell, to help the Appellant in locating the above said document in the
concerned Court file within the next 15 days on a mutually convenient date. In this
regard the CPIO of the concerned Court will corporate with the Respondent and
Appellant in inspecting the relevant filed.
Regarding, point No. 29 of the application, the Commission finds that the
Appellant has only questioned the mode of investigation by Police and such issues do not
come under the purview of the RTI Act, 2005.
With this order the matter is disposed of accordingly.
Copy of the order be given free of cost to the parties.
(Sushma Singh)
Information Commissioner
25.03.2010