CENTRAL INFORMATION COMMISSION
Appeal No. CIC/ WB/A/2008/00075/SS dated 22.10.2008
Right to Information Act 2005 - Sec23on 19
Name of the Appellant : Sh. Avadhesh Kumar, Delhi
Name of the Public Authority : Delhi Police, Special Branch, I.P. Estate, New
Delhi
Background
Vide an RTI application dated 23.05.2008, Sh. Avadhesh Kumar, (herein after
called the appellant) sought information regarding a compliant submitted by him before
the Hon’ble Prime Minister of India, which was forwarded by the Prime Minister’s Office
and finally reached Special Branch, Delhi Police. Vide letter dated 13.06.2008, the
PIO-cum-Dy. Commissioner of Police, Spl. Branch, Delhi, informed the appellant that
the compliant dated 23.05.2008, was received in his office on 4.06.2008 vide PHQ’s
memo no. XXI/29/Spl./ID 1216/04/08/31123/C&T(AC-I) PHQ dated 29.05.2008. The
PIO further informed the appellant that the complaint was enquired into and it was found
that no action was warranted on the part of the Police.
2. The matter was heard on 7.12.2009.
3. Sh. Avadhesh Kumar, the appellant and Sh. Milap Choraria, were present for
the hearing.
4. Sh. Alok kumar, DCP/Spl. Branch-cum-CPIO and Sh. Sohan Singh, Sub.
Inspector represented the respondent.
During the hearing, the appellant along with Sh. Milap Choraria submits that he
has not been provided the forwarding letter of the Prime Minister’s Office and that he
has also not been provided the report of the enquiry conducted by the Police. On the
other hand Sh. Alok Kumar, Dy. Commissioner of Police/Spl. Branch, submits that the
discloser of information is covered under Section 8(1)(g) of the RTI Act. 2005, as it may
disclose the source of information and names of witnesses who come forward to
provide information to the Police.
Decision
On considering the facts and circumstances of the present case, the respondent,
PIO, is hereby directed to provide the forwarding letter of the Prime Minister’s Office to
the appellant. The respondent CPIO is further directed to provide the summary of
enquiry report after applying the severability clause under Section-10(1) of the
RTI Act. 2005.
(Sushma Singh)
Information Commissioner
7.12.2009
Appeal No. CIC/ WB/A/2008/00075/SS
Authenticated true copy:
(P.C. Purkait)
S.O. & Asst. Registrar
Copy to:
1. Sh. Avadhesh Kumar
A-16, Pundrik Vihar
Pitampura
Delhi
2. Sh. Alok Kumar
Dy. Commissioner of Police
Special Branch
PHQ, I.P. Estate
New Delhi – 110002
3. Sh. Ujjwal Mishra
Addl. Commissioner of Police
Special Branch
Delhi Police Bhawan
Asaf Ali Road
New Delhi-110002