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/C/2009/000230
Name of Complainant : Sh. Arun Kumar Sharma
Name of Respondent : M/o Home Affairs
Background
Sh. Arun Kumar Sharma (hereinafter called the Complainant) filed an
application dated 19.01.2009 under the provisions of the RTI Act, 2005, seeking
information on action taken on a complaint filed by him on 31.10.2008 against Sh.
Venu Bansal ACP, Paharganj, New Delhi for allegedly misusing administrative
power in dispossessing forcefully and illegally his peaceful possession of certain
property in P.S. Paharganj. The CPIO / Director (Delhi), M/o Home Affairs,
transferred the RTI request vide his letter dated 11.02.2009, to the CPIO, PHQ for
necessary action. The PHQ in turn transferred the RTI application vide letter
dated 19.02.2009, to the CPIO / Dy. Commissioner of Police, Central Dist. and to
the DCP (Vigilance). The CPIO / DCP, Central Dist. received the RTI application
on 23.02.2009, and replied to it on 25.03.2009, informing the appellant that an
enquiry was got conducted into the complaint through ACP / PG Cell / Central
Dist. On enquiry the allegations leveled by the Complainant could not be
substantiated and the complaint was filed. Meanwhile, the Complainant, Sh. Arun
Kumar Sharma filed the complaint before the Commission regarding non-receipt
of reply from the CPIO, MHA.
2. The matter was heard on 13.01.2010
3. Sh. Arun Kumar Sharma, accompanied by Sh. M.S Jadhav and Sh. R.
C. Tomer were present for the hearing.
4. The CPIO/ Director(Delhi), MHA, Sh. A.K. Saxena, Central Dist., Smt.
Meenu Chaudhary, CPIO/Central Dist., Smt. Achla Rampal, ACP/.RTI
Cell, PHQ represented the Respondent.
During the hearing the Complainant submits that he has not received any reply
to the RTI application from the CPIO, MHA or from Delhi Police. The
Respondent CPIO representing the MHA, on the other hand submits that they have
already transferred the application to Delhi Police under intimation to the
Complainant. The CPIO, Central Dist. submits that the reply of the CPIO has
been sent on time. A copy of the reply was handed over by the CPIO, Central Dist.
to the Complainant during the hearing.
Decision
After hearing the parties on perusal of the documents, the Commission
finds that the CPIO, Central District had responded to the RTI request on time and
there is no delay on their part. The CPIO, MHA has also transferred the RTI
application within time under the provision 6(3) of the RTI Act, to the PHQ,
Delhi, which was the concerned Organization in this matter. The Complainant has
also now received a copy of the reply of the CPIO, Central Dist.
The matter is disposed of accordingly, the Complainant, if not satisfied
with reply of the CPIO, Central Dist., may approach the concerned First Appellate
Authority.
(Sushma Singh)
Information Commissioner
13.01.2010
Authenticated true copy:
(P.C. Purkait)
S.O. & Asst. Registrar
Copy to:
1. Sh. Arun Kumar Sharma
182 Prayag Apartment
Vasundhara Enclave
Delhi-110096
2. Sh. A.K. Saxena
Director (Delhi)
Govt. of India
M/o Home Affairs
North Block
New Delhi