Information about a complaint was rejected claiming that it was pending for enquiry with ACP, Dwarka – U/s 18 (2) of the RTI Act, CIC directed the FAA to inquire into the matter relating to furnishing of incorrect information & fix the responsibility
1. Shri Rahul Kumar Goyal filed two similar applications dated 23.01.2014 & 09.04.2014 under the Right to Information Act, 2005 (RTI Act) with the Central Public Information Officer Addl. D.C.P., South West District, Dwarka, Delhi seeking information on action taken on his complaint dated 08.01.2014.
2. The CPIO vide letter dated 08.05.2014 informed the complainant that his complaint is pending for enquiry with ACP, Dwarka and hence, the requisite information/documents cannot be provided at this stage in view of Section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI. The CPIO further informed him that ACP, Dwarka is being directed to expedite the enquiry process. Not satisfied with the reply of the CPIO, the complainant filed first appeals dated 05.03.2014 & 15.05.2014 respectively before the FAA on the ground that the information provided by the CPIO is not complete, is ambiguous and unsatisfactory. The F.A.A. vide his Orders dated 31.03.2014 & 17.06.2014 stated that the CPIO has rightly denied the information to the complainant. Aggrieved by the response of the FAA, the complainant filed complaints dated 15.05.2014 & 01.07.2014 before the Commission.
3. The complainant Shri Rahul Kumar Goyal and the respondent Shri Anand Prakash, APIO and ACP, South District, Delhi Police were present in person.
4. The complainant submitted that no information has been provided by the respondent in response to his RTI application dated 09.04.2014. The complainant further submitted that he is seeking information regarding status of his complaint dated 08.01.2014. However, the respondent on the plea that investigation into his complaint is pending have denied information to him. The complainant also submitted that the respondent had informed him vide letter dated 23.03.2014 that his complaint had been filed. Subsequently, the respondent informed him that inquiry relating to his complaint is pending. Hence, incorrect and misleading information has been provided to him.
5. The respondent submitted that information to the extent possible was provided to the complainant on 08.05.2014 and 16.06.2014. The CPIO also informed the complainant that disclosure of pending matter to the appellant or any other person may impede the progress of the enquiry.
6. The Commission heard the submissions of both the parties and perused the records. The Commission directs the Appellate Authority, Delhi Police u/s 18 (2) of the RTI Act to inquire into the matter relating to furnishing of incorrect information and fix the responsibility for the same. A copy of the inquiry report along with the action taken report be submitted to the Commission within a period of four weeks from the date of receipt of a copy of this order. The Commission also directs the CPIO to furnish the updated status in the matter to the complainant within a period of 15 days from the date of receipt of a copy of this order.
7.The complaint is disposed of. Copy of decision be given free of cost to the parties.
Citation: Shri Rahul Kumar Goyal v. Dy. Commissioner of Police in Decision No.CIC/VS/C/2014/000316&000324/SB