Mr.Ram Babu vs Ministry Of Home Affairs on 26 April, 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/C/2011/000123

Name of Complainant                :      Shri Ram Babu and Smt. Rajni
                                          (Through H.R. Kaushik, Advocate)

Name of Respondent                 :      Delhi Police, PHQ.

                                       ORDER

The Commission has received a complaint dated 2.2.2011 from Shri Ram
Babu and Smt. Rajni u/s 18 of the RTI Act, 2005, against the Delhi Police, PHQ,
New Delhi for deemed refusal to his RTI request dated 3.12.2010.

2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI
Act, viz., appeals and complaints, this case is remitted to CPIO, Joint
Commissioner of Police, PHQ, New Delhi (along with copy of complaint and
RTI-request), with the following directions:

-*

(i) In case no reply has been given by CPIO to the complainant to their
RTI-request dated 3.12.2010, CPIO should furnish a reply to the
complainants within two weeks of receipt of this order.

(ii) In case CPIO has already given a reply to the complainants in the
matter, he should furnish a copy of his reply to the complainants
within one week of receipt of this order.

(iii) CPIO should invariably indicate to the complainants the name and
address of the 1st Appellate Authority, before whom the
complainants can file first-appeal, if any.

3. In case the complainants are not satisfied with the reply received from
CPIO, they, under section 19(1) of the RTI Act, may within the time prescribed,
file his first-appeal before the Appellate Authority (AA).

Case No. CIC/SS/C/2011/000123

4. On receipt of the first appeal from the petitioner as per the above
directions, AA should dispose of the appeal within the period stipulated in the RTI
Act.

5. In case the complainants are not satisfied with the decision of First
Appellate Authority, they are at liberty to file a second appeal afresh before the
Commission, under section 19(3), along with complaint u/s 18, if any, within the
prescribed time limit.

The complaint is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
26.04.2011

Authenticated true copy:

(S.Padmanabha)
Under Secretary & Deputy Registrar 

Copy to:

1. Shri H.R. Kaushik,
D-318/56, Mahavir Enclave, Part-3,
New Delhi-110059.

2. The C.P.I.O.,
Commissioner of Police,
PHQ, MSO Building,
ITO, New Delhi.