Central Information Commission
Appeal No.CIC/WB/A/2008/00982-SM dated 25.03.2008
Right to Information Act-2005-Under Section (19)
Dated: 6 October 2009
Name of the Appellant : Smt. Hemlata,
W/o Shri Sukhvir Singh,
18-312, Kalyan Puri,
Delhi - 110 091.
Name of the Public Authority : CPIO, Office of the Deputy Commissioner
of Police,
South District, 1st Floor,
DCP Office Complex,
Hauz Khas,
New Delhi - 110 016.
The Appellant was present along with Shri Sanjeev Kumar.
On behalf of the Respondent, the following were present:-
(i) Shri Om Prakash Pawar, S.I.
(ii) Ms. Anuradha Narula, ASI
2. In this case, the Appellant had requested the CPIO for a copy of the
DNA Test Report submitted by the All India Institute of Medical Sciences
(AIIMS) in connection with the FIR No.21/06. The CPIO replied on April 22,
2008 and had denied the information claiming exemption under Section
8(1)(h) of the Right to Information (RTI) Act. The Appellant had challenged
this before the first Appellate Authority on May 5, 2008. The Appellate
Authority rejected the appeal and endorsed the decision of the CPIO. The
Appellant has come before the Central Information Commission against this
order.
3. Both the parties were present during the hearing and made their
submissions. The Respondent submitted that the copy of the said DNA Test
report had not been provided to the Appellant at that time as the matter
was under investigation and the disclosure of the report could have
adversely affected the course of investigation. However, he agreed to hand
over a copy of the said report to the Appellant now as the investigation was
CIC/WB/A/2008/00982-SM
over and the matter had been reported to the competent court. On our
advice, the Respondent handed over a copy of the said report to the
Appellant in our presence.
4. The appeal is, thus, disposed off.
5. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
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.
(Vijay Bhalla)
Assistant Registrar
CIC/WB/A/2008/00982-SM