Can the Central Information Commission decide the cases related to the State government?
Referring to the newspaper advertisements that the Delhi Police has to mandatorily register an FIR in all cases of written complaint made for cognizable offences and provide a copy of FIR to the complainant free of cost, the appellant sought a certified copy of such an order. He sought the present status of his written complaint dated 15.2.2008 filed against officials of Indian Navy and Air Force for alleged illegal confinement and torture. He further wanted to know the reasons if the FIR was not registered for his written complaint in respect of cognizable offences. The Public Information Officer (PIO) replied that the requisite information was a query and does not fall under the category of information as per section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. However, he advised the appellant to consult law books for detail as his complaint was still pending enquiry. The First Appellate Authority (FAA) informed the appellant that his complaint was pending enquiry and the same has now been sent to the Commanding Officer, Naval Headquarters for necessary action as the matter pertained to their department.
During the hearing before the Central Information Commission (CIC), the respondent stated that the appellant filed another identical RTI application which was transferred to the state police department as the matter belonged to them.
View of CIC
The Commission observed that the appellant has been adequately replied to by the PIO and the CIC has no jurisdiction over the matters pertaining to the State Governments. The Commission advised the appellant to approach the concerned SIC in this regard.
Citation: Shri Vijendra Rana v. Delhi Police in Case No. CIC/SS/A/2011/000495
RTI Citation : RTIFI/2013/CIC/1259
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