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/A/2009/000656
Name of Appellant : Sh. Sher Singh
Name of Respondent : Delhi Police, Malviya Nagar
Background
Sh. S. Singh, (Ex-S.I), the Appellant filed an application dated 17.02.2009,
under the RTI Act, 2005, seeking copies of his ACRs from the date of joining
Delhi Police on 4.05.1988 till the date of conviction on 6.01.2004. The CPIO /
DCP, 7 Battalion, Delhi Police replied to the application as follows:- “With
reference to your application dated 17.02.3009, on the subject cited above, it is
informed that the information/documents required by you could not be provided
in view of rule 8(j) of Chapter-II of Right to Information Act. 2005 as it disclose
the privacy of the officers concerned. You can appeal against this reply within 30
days from the date of receipt of this letter, if required, to Addl. C.P/A.P., Delhi,
who is designated as appellate authority under RTI Act, 2005.” The First
Appellate Authority (FAA) / Addl. DCP. The CPIO vide his letter dated
27.04.2009, rejected the appeal. The Appellant has thereafter, file a second
appeal before the Commission seeking his ACRs to prove his work and conduct
so that he can file an appeal against the conviction / dismissal order.
2. The matter was heard on 3.12.2009
3. Sh. Sher Singh, the Appellant was present.
4. Sh. Arun Kampani, DCP, Sh. Ajit Singh, ASI and Sh. Rakesh Kumar, SI
represented the respondent Public Authority.
During the hearing the Appellant submits the CIC decision No.
CIC/WB/A/2007/00422, dated 20.04.2007 (Full Bench Decision) and on ruling of
the CIC in support of his contention that ACR cannot be denied to him. The
Respondent on the other
hand have taken plea of denial of the documents in view of the Section 8(1)(j)
RTI Act, 2005, on the ground that it discloses the identity of the officers
concerned.
Decision
After hearing the Respondent and on perusal of the documents the
Commission finds that in view of the Full Bench decision of the CIC the desired
information cannot be withheld u/s 8(1)(j) of the RTI Act, hence, the
Respondents arte directed to provide the copies of ACRs to the Appellant free of
coast, within 15 days of receipt of order of the Commission. Appellant is provided
copies of his ACRs as requested by him.
The matter is disposed of accordingly.
(Sushma Singh)
Information Commissioner
3.12.2009
Authenticated true copy:
(P.C. Purkait)
S.O. & Asst. Registrar
Copy to:
1. Sh. Sher singh, 405 Santosh Apartments, Plot No. 39 B, Sector 6,
Dwarka, New Delhi-110075
2. The Central Public Information Officer, Dy. Commissioner of Police,
7th Battalion, DAP Complex, Malviya Nagar, New Delhi-110017
3. Sh. Virender Singh, Addl. Commissioner of Police, Recruitment &
Armed Police, Kingsway Camp, Delhi