CENTRAL INFORMATION COMMISSION
Appeal No CIC/WB/A/2007/01342 dated 21.11.2007
Right to Information Act 2005-Section 19
Appellant: Shri Jawahar Lal
Respondent: Deputy Commissioner of Police (DCP),
Crime & Railways, Delhi.
Decision
The Commission has received an appeal from Shri Jawahar Lal of
Najafgarh, New Delhi praying as follows: –
“Neither the required informations have been supplied by the
PIO/DCP/Crime & Railways within thirty days nor the appellate
authority has directed the PIO/DCP/Crime & Railways to
supply the proper informations (sic)”
That information seeking details of action taken on three FIRs filed in PS
Najafgarh Delhi was asked by an application submitted to DCP (Crime &
Railways) on 8.8.’07. On not receiving a response Shri Jawahar Lal submitted an
appeal on 7.9.’07 before the JCP Crme & Railways. However, in the meantime in
his response dated 6.9.’07 which appellant received on 11.9.’07, PIO Crime has
conveyed a point wise reply. But Shri Jawahar Lal has moved a 2nd appeal
before us, alleging delay in responding to his RTI application and that some
information had been concealed and some withheld. He has however, not taken
recourse to a 1st appeal allowed to him u/s 19 (1) of the RTI Act on the
information supplied in the letter dated 6.9.’07.
Because the 1st appellate authority has not addressed the questions
of appellant, which are of direct concern to his public authority, the Commission
has decided to remand this appeal to First Appellate Authority & Addl.
Commissioner of Police, Crime & Railways, P.H.Q., Delhi to dispose of the
appeal of Shri Jawahar Lal within ten working days from the date of receipt
of this decision, under intimation to Shri Pankaj Shreyaskar, Jt Registrar,
Central Information Commission.
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The FAA should moreover satisfy himself on the issue of delay and if so
required approach this Commission for initiation of proceedings under section 20
of the RTI Act for imposition of penalty and/or recommending appropriate
disciplinary action.
If not satisfied with the information provided on his 1st appeal, appellant Shri
Jawahar Lal will be free to move a 2nd appeal before us as per Sec 19 (3).
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
06.01.09
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of
this Commission.
(PK Shreyaskar)
Jt. Registrar
06.01.2009
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