CENTRAL INFORMATION COMMISSION
F. No. CIC/LS/A/2008/00028
(Hearing at UT Guest House, Chandigarh)
Appellant : Shri Navdeep Gupta
Public Authority : Chandigarh Police
(through Shri R.G. Dogra, Administrative Officer)
Date of Hearing : 27.5.2009
Date of Decision : 27.5.2009
FACTS
By his letter of 19.5.2008, the appellant had sought information on 05 paras.
The CPIO had responded to it vide letter dated 26.6.2008. The Appellate Authority
had disposed of the first appeal vide order dated 28.7.2008. Aggrieved with the
decisions of CPIO/AA, the appellant had filed the present appeal.
2 The matter was heard on 27.5.2009 at UT Guest House, Chandigarh. The
appellant appeared before the Commission. The public authority is represented by
the officer named above. It is the submission of the appellant that no categorical
response has been given to him in regard to paras 4 & 5 of his RTI application. His
submission is that he wants to know from the CPIO as to whether from the bare
reading of his complaint a congnizable offence was mode out or not. To this, Shri
Dogra would respond that after due enquiry, it was found that no consignable
offence was made and the appellant was informed accordingly. However, the
appellant would submit if a prime-facie consignable offence was made from his
complaint then it should have been registered as an FIR and then regular
investigation carried out rather than prejudging the issue. In other words, he is
raising a legal point regarding the registration of a case under section 154 CRPC and
wants clear answer from CPIO.
DECISION
3. The CPIO is directed to carefully go through the complaint and inform the
appellant as to whether from a bare reading of the complaint in question, a
cognizable offence is made out or not.
Sd/-
(M. L. Sharma)
Central Information Commissioner
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
(K.L. Das)
Assistant Registrar