CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2009/096 dated 17-2-2009
Right to Information Act 2005 - Section 19
Appellant: Shri Kulwant Singh
Respondent: Central Bureau of Investigation (CBI)
Decision announced 5.2.'10
FACTS
By an application of 23-6-2008 Shri Kulwant Singh of Shastri Nagar,
Delhi applied to the CPIO, SP, CBI, ACB, Delhi seeking the following
information: –
1. “Please provide the certified copies of letters written by applicant
dated 2-7-92, 28-2-95, 2-2-95, 28-3-95, 6-3-2000, 25-6-2003
and reminders dated 10-5- 05, 1-3-05, 10-6-05, 15-6-05 and 4-5-
06 and action taken on it date wise;
2. Please provide the certified copy of report of Inspector U.C.
Bashist dated 17-1-2002 when Shri A.K. Suri came to see
house No. 260 of appellant;
3. Please provide the certified copy of report of Mr. Surinder Malik,
Inspector regarding inquiry from Mr. S.D. Arora, Dy. Director
(LM) DDA
4. Please provide the certified copy of report submitted by Shri
Inder Mohan Sharma regarding house of appellant;
5. Please provide the certified copy of report of Mr. Subhash
Chander, SI, CBI, ACB regarding inquiry from CVO, DDA, Shri
V.K. Sidhu;
6. Whether Shri RK Datta, SP and Shri Azad Singh, IO got the
license issued to Sanjay Hatti or not after the arrest of
Health Inspector No. RCA 83/94 MCD.
To this Shri Kulwant Singh received a point wise reply dated 21.7.2008
from CPIO Shri Sumit Sharan, SP, CBI, ACB as follows: –
“1. Copy of your applications dated 2.7.92, 6.3.02, 25.6.03,
10.5.05 and 4.5.06 are enclosed, duly certified. Copy of
other applications cannot be provided to you, as the
same are not available in the case file. Your application
dated 2.7.92 was sent to Director (Vig.), l DDA to look
into the matter. As regard your application dated 6.3.02,
it is intimated that after conducting an inquiry report by
the IO Surender Malik dated 1.4.02 was submitted which
is enclosed herewith. The DDA authorities intimated that
local commissioner may be appointed in the matter. Your1
other applications except 4.5.06 were also sent to CVO,
DDA for taking necessary action at their end.
2. You have requested to provide a copy of the report of
Inspr. U. C. Bashist. The case file has been checked.
No such report is available in the case.
3. Copy of the report of Inspr. Surender Malik dated 1.4.02
is enclosed duly certified.
4. You have asked for supply of report of SI I. D. Sharma.
The case file has been checked. No such report is
available in the file.
5. You have asked for supply of copy of report of SI
Subhash Chander. The case file has been checked. No
such report is available in the case file.
6. No such reference is available in the case file.
7. You have not sought any information and have asked a
question which cannot be replied in the provision of RTI
Act.”
Not satisfied, however, Shri Kulwant Singh moved an appeal before
DIG, CBI, ACB, First Appellate Authority, CBI, Delhi, in response to which by
order of 5.9.2008 Shri Y. P. Singh, Joint Director, CBI, Delhi Zone found that
as regards copies of letters untraced as the letters asked for are not available
in the records of the branch, it is not possible to supply copies of the same.
So far as reports of Inspector Shri U. C. Bashist, Shri I. D. Sharma, SI
Subhash Chander and reference regarding SP, R. K. Dutta and Inspector
Azad Singh are concerned as has already been informed by the CPIO vide
his reply dated 21.7.2008 that no such report is available in the case file and
as such it is not possible to provide the appellant with the same. Regarding
question No. 7 Jt. Director’s order is as follows; –
“The appellant has asked to be informed whether after RC.68/91
in which DDA’s JE was arrested whether CBI, ACB, Delhi could
have got the house of the appellant passed and whether the
appellant and his family could have been protected from false
cases. The CPIO has already informed that this request of the
appellant is not seeking information but is only opinion relating
to possible course of action and hence this does not categorize
as any specific information which can be given to the appellant.”
On the above grounds the appeal was dismissed bringing Shri Kulwant
Singh to his second appeal before us with the following prayer: –
“It is requested that the remaining certified
copies/information may be got provided and a
compensation of Rs. 250/- under RTI Act 2005 may also be
awarded”.
2
The issue before us would, therefore, be as to whether the documents
cited as non-existent were actually in existence, the disclosure of which had
been avoided.
The appeal was heard on 5-2-2010. The following are present.
Appellant
Shri Kulwant Singh.
Respondents
Shri Sumit Sharan, SP, CBI, CBI
Appellant Shri Kulwant Singh submitted that he has receipts for the
letters that he stated to have sent and regarding which CPIO Shri Sumit
Sharan has denied record. Similarly on the question of reports received from
different officers also Shri Kulwant Singh submitted that he has evidence to
prove that these reports were actually submitted. Upon this respondent Shri
Sumit Sharan, SP, CBI, ACB readily agreed that if such evidence were shown
to him he will make a new effort to trace the concerned documents.
DECISION NOTICE
In light of the above, the appeal is allowed. Shri Kulwant Singh will
appear with necessary receipts/ proof before SP Shri Sumit Sharan in his
office in Block No.- 4, CGO Complex, Lodhi Road, New Delhi-110003 at 11.00
AM on 9th February, 2010 when renewed effort will be made to trace the
records and provide the necessary copies to appellant Shri Kulwant Singh.
Intimation of the action taken will be submitted to Joint Registrar, Shri Pankaj
K. P. Shreyaskar, Central Information Commission within 10 working days of
the date of receipt of this decision notice.
Announced in the hearing. Notice of this decision be given free of cost
to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
5-2-2010
3
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.
(DC Singh)
Asst. Registrar
5-2-2010
4