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/SS/A/2009/000183
Name of Appellant : Sh. Rakesh Kumar Bhardwaj
Name of Respondent : Delhi Police, Hauz Khas
New Delhi
ORDER
Sh. Rakesh Kumar Bhardwaj, the Appellant, filed an Application dated 12.01.2009,
seeking the following information under the RTI Act, 2005, in respect of complaint dated
5.12.2008:-
“a. Whether the aforesaid complaint discloses (including Annexure A, B & C)
cognizable offence or not?
b. If not, supply the certified copy of relevant provision.
c. Whether the police first register FIR or conduct investigation on the instant
complaint despite the order of Hon’ble Supreme Court reported as (2006) 2 SCC 677,
tittle as Ramesh Kumari Vs. State (NCT of Delhi) & ors.
d. If the police first refer investigation, please supply certified copy of relevant
provision or act.
e. Supply the copy of FIR, if registered.”
Sh. H. G. S. Dhaliwal, the CPIO / Dy. Commissioner of Police, South-Dist. vide
letter dated 10.02.2009 informed the Appellant that the enquiry into the aforementioned
complaint had not been finalized and therefore, it was not feasible to provide any
information. Aggrieved by the non-receipt of any information from the CPIO, the
Appellant filed an appeal before the First Appellate Authority (FAA). Sh. Ajay Kashyap,
the FAA/Jt. Commissioner of Police, Southern Range, vide order dated 17.04.2009
directed the CPIO to provide comprehensive point wise reply to the RTI application. in
compilation to the order of the Appellate Authority, CPIO/DCP replied vide letter dated
13.03.2009 that since the enquiry of the Appellant’s complaint is not yet complete the
office is unable to provide requisite information. Aggrieved with the reply the Appellant,
as per his application dated 12.01.2009 filed the present appeal before the Commission.
The matter was heard on 17.05.2010.
The Appellant was not present.
Sh. Vikramji Singh, ACP-Defence Colony and Sh. Mahabir Prasad, I/C/ RTI Cell
represented the Respondent Public Authority.
During the hearing the Respondent submits that on receipt of notice of second
appeal from Sh. Pankaj Shreyaskar, Dy. Secretary and Jt. Registrar, CIC, complete
requisite reply has been provided to the Appellant by Smt. Chhaya Sharma, Addl. Dy.
Commissioner of Police-cum-CPIO, South Dist. New Delhi vide letter dated 11.08.2009.
The relevant portion of the CPIO is as follows:-
“Under the RTI, 2005, the public authority provides the information which held by or
under his control but cannot create the information. Besides this, under RTI, 2005, once
cannot emphasize to conclude the enquiry on the pretext to provide you point-wise
information. Your kind reference to also invited to the Hon’ble CIC decision in the
matter entitled ‘H.K. Bansal Vs Bharat Sanchar Nigam Ltd dated 18.12.2006 CIC
Digest Vol-1 (1241)’ that there is no scope to seek information in the form of
interrogatories. The beneficial provisions of RTI Act are to be invoked to seek
information which is in a material form and which should be disclosed. There is no
scope to seek information in the form of interrogatories and therefore, the appellant is
advised to seek only those information which form part of the record/files.”
After hearing the Respondent and on perusal of the necessary documents on file,
the Commission finds no reason to interfere in the reply of the Respondent. The matter is
disposed of accordingly.
(Sushma Singh)
Information Commissioner
22.05.2010
