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Decision No. CIC/SG/A/2011/001314/13306
Appeal No. CIC/SG/A/2011/001314
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Surendra Kumar
FM-194/56, Delhi Fire Service
Bhorgarh, Delhi-110040
Respondent : Mr. Tariq Salam
Public Information Officer & AO
Delhi Fire Service, Head Quarter
Connaught Place,
New Delhi-110002
RTI application filed on : 24/02/2009
PIO replied : 16/03/2011 & 05/04/2011
First appeal filed on : 04/04/2011
First Appellate Authority order : not ordered
Second Appeal received on : 18/05/2011
Information sought by the appellant :
1. As per statement given by the PIO before the C.I.C. in decision No. CIC/SG/A/2010/000708/7618
dated 29.4.2010 whether as per direction of the Commission the FIR was lodged y the PIO or DFS
authorities concerned or not?
2. When these documents/papers/registers/records were stolen/lost?
3. How many documents/papers/registers or records were stolen/lost in the department?
4. In addition to above, whether other documents/papers/records etc. were stolen/lost from the
department or not? If yes, kindly give the complete details about the stolen/lost
documents/papers/registers etc.
Reply of the PIO dated 16.03.2011 :
1. Yes FIR was lodged by the DFS authority.
2. These documents were lost.
3. There is no records to loss other documents.
4. See reply no. 3
Reply of the PIO dated 05.04.2011 :
Kindly refer to this office reply vide No. ID 1131/RTI/DFS/HQ/2011/1435/ dated 16.03.2011 of your
RTI on the subject noted above. In this connection, it is further stated that it has come to notice that
FIR as lodged on 07.05.2010 by DES in PS, Barakhamba Road in Compliance of Hon’ble CIC
Decision No.CIC/SG/4’2010/000708/7616 dated 29.04.2010 has been found to be for the period
18.12.2006 instead of 08.12.2005 inadvertently, possibly due to typological error.
The matter has been. brought to the notice of the Asst. Divisional Officer (HO) who got the FIR
lodged dated 7.05.2010 who has further been requested to get this error rectified URGENTLY and do
the needful accordingly in compliance of directives of Hon’ble CIC dated 29.04.201 (copy enclosed).
Asst. Divisional Officer (HQ) has requested the SHO, PS, Barakhamba Road, Connaught Place to
change the dates as stated above(copy enclosed). It is further requested to see this Office Reply dated
16.03.2011 in the light of above and error in date of FIR is deeply regretted and assured that in future
every care will be taken to ensure avoidance of this sort of typological error.
Ground of the First Appeal:
The information provided is incomplete and incorrect.
Order of the FAA:
Not ordered
Ground of the Second Appeal:
The information provided is incorrect. No reply from the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. A. L. Arora representing Mr. Surendra Kumar;
Respondent: Mr. Tariq Salam, Public Information Officer & AO;
The Commission had passed an order in Decision No. CIC/SG/A/2010/000708/7616
on 29/04/2010 where it had stated that PIO was directed to provide to file a FIR with the Police the
PIO had filed a complaint and provided a copy to the appellant. There was an error in the dates when
filing the complaint which has been subsequently rectified by the respondent and a copy of which has
been given to the Appellant before the Commission. The Appellant points out that an FIR has not been
filed by the Police. The Commission points out that somebody can file a complaint with Police and the
decision to convert it to the FIR is dependent on the Police Station. The Commission admits that the
order of 29/04/2010 should have given a direction about filing a complaint and not FIR since this
matter is in the hands of the police and not in the hands of the PIO.
Decision:
The Appeal is disposed.
The PIO appears to have provided information available on the records.
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
07 July 2011
(In any correspondence on this decision, mention the complete decision number.) (AA)