CENTRAL INFORMATION COMMISSION Complaint No.CIC/WB/C/2009/ dated Right to Information Act 2005 Section 18

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1 CENTRAL INFORMATION COMMISSION Complaint No.CIC/WB/C/2009/ dated Right to Information Act 2005 Section 18 Complainant - Ms Sudha Gupta Respondent - Dy. Commissioner of Police (DCP) New Delhi Distt. Decision announced: Facts: By an application of Ms. Sudha Gupta of Katra Hiddu, Farash Khana, Delhi applied to the DCP Parliament Street, New Delhi seeking the following information regarding FIR No. 205/97 dated : It is requested to furnish the status of the FIR No. 205/97 registered on against M/s DLF Universal Ltd Chairman Shri K. P. Singh & Managing Director & 11 others accused persons under RTI Act, To this she received a response dated from Shri Anand Mohan, IPS, DCP New Delhi Distt., as follows: The case FIR No. 205/97 u/s 420/406/120B IPC P. S. Connaught Place, New Delhi has been cancelled on by the Hon ble Court, Patiala House Court, New Delhi. Ms. Sudha Gupta then moved another application received by the DCP on at a.m. seeking the following information: It is stated that the information mentioned in this letter is incomplete. I should be given the detailed information of cancellation of my FIR No. 205/97 dated under RTI Act, i.e. (1) copy of order of the Hon ble Court, Patiala House, New Delhi, (2) Details or proceeding of Hon ble Court with M/s DLF Universal Ltd., Managing Director & 11 other accused persons by name under section 420, 406, 120B of IPS in my absence. To this she received no reply. Consequently Ms. Gupta has moved a complaint before us with the following prayer: 1 Underlined by us for reference below 1

2 Action may be taken against the DCP/ concerned officials for giving false, incorrect, misleading information and also imposed the penalty to refuse of giving the order of cancellation of FIR No. 205/1997 dated and details of proceedings of cancellation report of the Court. This plea is based primarily on the following grounds: It is found the cancellation report in the matter was forwarded by the ACP concerned on with the remarks case may be sent as cancelled. However, the same is filed in the Court today i.e. on in the Court after about 11 years SHO P.S. Connaught Place directed to appear in perso0n and report on the same. Further more the present cancellation report filed on only after the present application filed by the complainant, therefore, it was found that on the last date of hearing Inspector Ombir Singh who appeared in person, submitted that the cancellation report in the matter was already accepted my Ld. Predecessor on who also filed photocopy of a reply sent on behalf of DCP/ PIO, New Delhi on to an enquiry made by the complainant under the RTI Act In that reply the DCP concerned PIO also reported that the present case FIR No. 205/97 dated , P. S. Connaught Place has been cancelled by the Court on in that circumstances the DCP concerned directed by the Hon ble Court to appear in person to the Court in show cause as to why action should not be taken against him for filing of the false report under RTI Act, In response to our complaint notice, Shri S. Dash, DCP New Delhi Distt. in his letter of has submitted that the initial application of was responded to on , but that the application of was not under RTI Act Nevertheless, DCP Shri Dash has submitted on the basis of the latter the following action was taken: A fresh report was called from Police Station Connaught Place and it was found that case FIR No. 205/97 P.S. Connaught Place was not cancelled on This fact was also apprised to the complainant on verbally. On this she moved an application in the Court for the purpose. The Hon ble Court issued notice and also processed the case further. In this regard the Hon ble Court s order dated , , , and (copies enclosed) Refers. 2

3 Due to furnishing the wrong information, a show cause notice of censure was issued to Inspr. / Investigation of P. S. Connaught Place. Later on the said Show Cause Notice was filed and the Inspr. has been warned to be careful in future. No appeal has been received from the complainant so far. Later on the complainant was apprised about the position of the case vide this office letter No. 318/DIC/NDD dated (copy enclosed) with reference to her another application under RTI Act, The reply dated sent to the complainant was based on the available record. The incorrect supply of the information was due to wrong entry in the index of FIR, which has now been corrected and the same is regretted. It is assured that all due care will be taken in future to avoid repetition of such a lapse. Now the case FIR No. 205/97, P. S. Connaught Place, Delhi is still pending for final decision in the Hon ble Co9urt of Shri Jitendra Mishra MM, Patiala House Court, Delhi and the next date of hearing is fixed for In her rejoinder to this response Ms. Gupta has pleaded as follows: 1. It is incorrect and false that the fact was apprised to the complainant on It is requested to please put on record my complaint submitted on to CIC Office with detailed information in (9) points with the Annexure 1-8 on page No. 6 to 17 regarding the false/ incorrect, incomplete or misleading information given Under RTI Act, 2005 by the DCP/CPIO, Connaught Place, New Delhi, DCP/ CPIO are trying to protect himself by putting the error on poor indexer although it is the clear matter of negligence, carelessness, callous, attitude and dereliction in discharge of the official duty of SI Omvir Singh and SHO Suresh Kaushik. It is the concerned SI Omvir Singh/ SHO Connaught Place, New Delhi for giving false and incorrect and misleading reply under RTI Act 2005 intentionally. I am a poor lady malafidely harassed by DCP/ CPIO under the involvement of the influenced of Highly and Mighty accused persons; I am on road as I have been destroyed by firing my house with the intention to destroy all documents of concerned matter on

4 On the appellant s complaint of harassment, including the torching of her house as a result of her pursuing the matter under RTI, the complaint was heard out of turn on The following are present: Appellant Ms. Sudha Gupta Respondent Sh. V. S. Joon, ACP/HQ/NDD Shri H. M. Bakshi, SHO, PS Connaught Place Shri V. S. Joon, ACP HQ has submitted that an incorrect answer went to the initial RTI application by an error. This was sent by Shri Sunil Singh, Inspector (Investigation) PS Connaught Place, on the basis of entries in the case register of 2005 during which time SHO Shri Suresh Kaushik had recorded that the FIR had been cancelled. This was accordingly conveyed to PIO who in turn conveyed this to appellant. However, Shri V. S. Joon submitted that the second application of was not an RTI application and, therefore, was dealt with in the usual manner and has also become the subject of examination of the Court of MM Patiala House, New Delhi, as described by complainant in her complaint of before us. Complainant Ms. Sudha Gupta submitted that she has now managed to obtain the information sought in her earlier applications but has been knowingly provided wrong information by the PIO / DCP (New Delhi District). Consequently, she has been approached by a gentleman with the name of Anand Arora, Telephone No , who had threatened her with dire consequences if she did not agree to sell her house, subsequent to which her house had been set on fire. She, therefore, is convinced that she is being victimized for her efforts at obtaining action through her FIR and seeking through the RTI information of the kind of action being taken. DECISION NOTICE 4

5 The plea of respondent that the application of is not an RTI application cannot be accepted, for the reason that as underlined by us in the quote above it specifically asked for detailed information on the cancellation of the FIR under RTI Act Again in concluding her request she has asked the PIO to supply the details of cancellation of FIR No. 205/07 dated under RTI Act, There are, therefore, no grounds for the PIO to claim that this application was not under the RTI Act and was, therefore, not treated as such. We, however, find that the information sought by complainant in these two applications has now indeed been provided to her with an acknowledgement by the PIO that the information given in response to the original application was incorrect. Nevertheless, it has been argued by appellant that the incorrect information was knowingly given. Besides, the second RTI application had not been responded to in any manner. Both applications, therefore, invoke penalty under the RTI Act. It has been established that the information supplied to appellant in response to her application of was provided to PIO Sh. Anand Mohan, now Addl. Commissioner of Police (East) by Shri Sunil Singh who remains Inspector (Investigations) Police Station Connaught Place. Shri Sunil Singh has, therefore, rendered himself liable to penalty u/s 5(5) for knowingly providing incorrect information. Besides, the then PIO Shri Anand Mohan, at present Addl. Commissioner of Police was expected to verify the information provided before passing it on to an applicant. He has. besides, not cared to answer the second application on the unjustified ground that it was not an application under the RTI Act. Shri Anand Mohan Ad.C.P. and Sh. Sunil Singh, Inspector (Investigations) Police Station Connaught Place will, therefore, appear before us on at am, to explain why they should not be held liable for penalty in each of these cases u/s 20(1) of the RTI Act

6 Besides the above, appellant has complained of a grave threat to her security as a result of her having moved the RTI application, because there is a large property dealer in the vicinity attempting to acquire this property for building purposes. This matter will require to be enquired into. However, since appellant Ms. Sudha Gupta is already in contention with the office of DCP New Delhi District, which is the office that presumably has jurisdiction over the area, it would not be wise to entrust such an enquiry to that office. This issue is, therefore, referred to Shri Y. S. Dadwal, Commissioner of Police to initiate an enquiry into this matter through Jt. Commissioner of Police (Vigilance) of the Delhi Police and submit a report through him to this Commission within twenty working days of the date of receipt of this Decision Notice. In the meantime JCP (Vigilance) may take such steps as are necessary to ensure the security of appellant Ms Gupta Announced in the hearing. Notice of this decision be given free of cost to the parties. (Wajahat Habibullah) Chief 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. (Pankaj Shreyaskar) Joint Registrar

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