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/C2009/000363
Name of Complainant : Sh. Rakesh Agarwal
Name of Respondent : M/o Home Affairs
Background
Sh. Rakesh Agarwal, the Complainant, filed an application dated 27.03.2009,
seeking the status of a complaint submitted to Home Ministry dated 18.12.2008,
regarding the incident that occurred on 17.12.2008, involving Mohd. Salim, an Auto
Riksha driver and some policemen. The CPIO / A.K. Saxena, Director(Delhi), MHA vide
his letter dated 29.04.2009, informed the complainant that his application dated
18.12.2008, addressed to the Home Ministry had been forwarded to Delhi Police for
appropriate action vide MHA letter dated 28.04.2009, and that the present RTI
application dated 27.03.2009, was being transferred by the CPIO / Director, (Delhi)
MHA to Delhi Police u/s 6(3) of the RTI Act, 2005. Sh. Rakesh Agarwal, has filed a
complaint before the Commission dated 8.06.2009 on grounds of non-receipt of reply
and failure of the CPIO / MHA to intimate the particulars of the PIO, Delhi Police to
whom the application was transferred.
2. The matter was heard on 14.12.2009
3. Sh. Rakesh Agarwal the Complainant was present for the hearing.
4. Smt. S. Sudha, US(DP) MHA, and Sh. Puttu Lal, SO(UTP)MHA represented the
Respondent Public Authority.
During the hearing, a reply to the RTI application from the CPIO/ Addl. DCP,
North-West Dist. dated 9.06.2009 was presented in which it is stated that the nature of
injury being ‘simple’ as per the Doctors report, and it being a non-cognizable offence, a
copy of the MLC result, DD entry copy and statement of the complaint was handed over
to the Complainant to move an application to the Court.
The CPIO’s reply, however, does not touch upon the allegations of the
Complainant against the police officials who allegedly beat up the Auto Riksha driver for
his refusal to take them in his Auto Riksha and apart from the initiation of process u/s
154 Cr.P.C. which could not be initiated as the offence was found non-cognizable, there
must be some Departmental enquiry on the complaint of Sh. Rakesh Aggarwal. Hence,
in view of the above, the CPIO is directed to inform the Complainant of the result of the
enquiry conducted at Departmental level against the alleged erring Police officials. The
Complainant may be informed of the result of the enquiry within 15 days of receipt of
the order of the Commission.
The CPIO / MHA is also directed to intimate the particulars of the PIO, whenever
an RTI application transferred by him.
With these observations / directions the matter is disposed of.
(Sushma Singh)
Information Commissioner
8.02.2010
Authenticated true copy:
(P.C. Purkait)
S.O. & Asst. Registrar
Copy to:
1. Sh. Rakesh Agarwal
B-24, Vikram Nagar,
Feroze Shah Kotla
New Delhi-110002
2. Sh. A. K. Saxena
Director(Delhi)-cum-PIO
Govt. of India
M/o Home Affairs
North Block
New Delhi