Information in respect of complaints filed by different persons regarding various incidents of theft - Appellant claimed to be a social worker to whom people come with problems, on their behalf he sought information - CIC: seek third party consent u/s 11
2 Jan, 2014ORDER
Shri Shiv Prasad Bairwa, hereinafter called the appellant, has filed the present appeal dated 17.12.2012 before the Commission against the respondent Delhi Police, North District for denial of information in response to his RTI application dated 24.8.2012. The appellant was present whereas the respondent were represented by Shri Anil Yadav, ACP, Shri Prem Singh, S.I and Shri Kamal Kishore, Inspector.
2. The appellant through his RTI application dated 24.8.2012 sought information on six queries in respect of complaints filed by different persons regarding various incidents of theft, sought to know action taken by the police. The CPIO vide his letter No., 17170/ID-2373/2012 RTI Cell/ North District dated 21.9.2012 informed the appellant about the action taken by the Police pertaining to his queries but denied copies of documents under the provisions of section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act being third party information.
3. Aggrieved with the reply of the CPIO the appellant filed first appeal on 8.10.2012 before the FAA on the grounds of providing incomplete information. The FAA vide his order No. 1249/Appeal/RTI/North District dated 7.11.2012 concurred with the reply of the CPIO.
4. The appellant during the hearing states that he is a social worker and the people come to him with their problems. He has, therefore, on their behalf sought information from the respondent. However, the respondent have denied copies of documents in respect of action taken by the police pertaining to all the six queries of the RTI application under the provisions of section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act.
5. Having considered the submissions of the parties, the Commission hereby directs the CPIO to seek consent from the third parties by applying the provisions of section 11 of the RTI Act and in case the respective third parties have no objection in sharing the information with the appellant, to provide the requested documents to the appellant on payment of requisite fees. The CPIO will comply with the directions of the Commission within four weeks of receipt of this order. The matter is disposed of on the part of the Commission with above directions.
(Sushma Singh)
Information Commissioner
Citation: Shri Shiv Prasad Bairwa v. Delhi Police, North District in Case No. CIC/SS/A/2013/000293