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Decision No. CIC/SM/A/2011/000304/SG/12460
Appeal No. CIC/SM/A/2011/000304/SG
Relevant Facts
emerging from the Appeal:
Appellant : Mr. P. N. Ram,
619, Nai Basti,Shiv Nagar,
Maswanpur, Distt- Kanpur..
Respondent : Mr. Nirbhay Kumar
CPIO & HOD, CBI,
Anti Corruption Branch,
C.G.O Complex-I, Kamla Nehru Nagar,
Hapur Road, Ghaziabad (UP.)
RTI application filed on : 27/09/2010
PIO replied : 26/10/2010
First appeal filed on : 01/11/2010
First Appellate Authority order : 19/11/2010
Second Appeal received on : 21/12/2010
Information sought by the appellant:
“On being summoned the applicant tendered his statement before the Investigation Officer Shri
Himanshu Bahuguna on 17.04.2004. Subsequently charge sheet was filed in the Court of Special
Judge, Anti-corruption, Ghaziabad and case no. 62/2005 was allotted.
Information sought for
(i) Please provide duly attested copy of statement dated 17.04.2004 of P. N. Ram in manuscript form.
(ii)Please provide attested copy of English translation of the said statement duly signed by the
investigating officer.”
Information provided by PIO:
As regards
point (i) & (ii) of your application, it is intimated that as per records your statement was recorded on
17,08.2004 and not on 17.04.2004. The attested copy of your statement dated 17.08.2004 duly signed
by the investigating officer is sent herewith.
Grounds of the First Appeal:
The PIO provided the English translation of statement but did not provide the copy of the manuscript
of P.N.Ram’s statement which was recorded in his handwriting without assigning any reasons.
Order of the FAA:
Your appeal dated 01/11/10 against the decision of the CPIO was perused by the undersigned and it is
to intimate that the information provided by CPIO vide letter No.DPACBGZD2O1O/3275/9/33/08
dated 26/10/2010 is adequate and correct.
Ground for the Second Appeal:
(1) The CPIO may be directed to provide the true copy of the statement dated 17.08.2004 tendered by
the appellant in Hindi without any farther charge.
(2) Any other action as the Hon’ble IC may deem proper may be taken.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Anil Kumar Verma representing Mr. P. N. Ram on video conference from NIC-
Kanpur Studio;
Respondent: Mr. Nirbhay Kumar, CPIO & HOD, CBI;
The CPIO has given the information that the statement was recorded on 17/08/2004 and not on
17/04/2004. The CPIO has also provided an attested copy of the statement of 17/08/2004 to the
Appellant. The appellant states that he has not been given an attested photocopy of his handwritten
statement in Hindi given to the IO(CBI) on that day. The Respondent states that there is no
handwritten statement on record given by the Appellant. He has also shown the Commission a letter of
15/02/2011 by the IO in which he has stated that no handwritten statement was given by Mr. P. N.
Ram who is an accused in the case.
Decision:
The Appeal is disposed.
The CPIO is directed to send the information to the Appellant that no handwritten
statement of Mr. P. N. Ram was given on 17/08/2004. The CPIO will send this
information to the Appellant before 30 May 2011.
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 of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
20 May 2011
(In any correspondence on this decision, mention the complete decision number.)