Using RTI to get an issue decided in a particular manner
The appellant filed an application under the Right to Information (RTI) Act with the Delhi Police seeking information related to the complaints of criminal offence filed by his mother with the Delhi police and the action taken thereon such as, investigation and Convening Orders related to the complaints; complete copy of the Enquiry proceedings; copy of date of proceedings; particulars of the official to bear onus the closing the case without orders of DCP etc. The Public Information Officer (PIO) provided point wise information to the appellant and informed him that after enquiry the said complaint was filed as no cognizable offence was found to have been committed in the jurisdiction of PS Nangloi. The PIO also provided the copy of the enquiry report along with relevant papers. The First Appellant Authority (FAA) informed the appellant that only such information is required to be supplied under the RTI Act which exists or is held with the public authority and the PIO was not supposed to create information or to interpret information under the RTI Act. The FAA also stated that the appellant could not claim that the issue should be decided or should have been decided in a particular manner using the RTI Act. The appellant filed the second appeal stating that his mother had moved her petitions before the SHO, Nangloi and the Superintendent of Police Rohtak for initiation of criminal action against her youngest son who is employed with Delhi Transport Corporation Depot Nangloi Delhi for his alleged involvement of grabbing her gold and property. The appellant alleged that his younger brother had started harassing his mother who remained alone after sudden death of his father and compelled her to leave her native house including all immovable property.
During the hearing before the Central Information Commission (CIC), the respondent submitted that available documents have already been furnished by the PIO. The complaints of the appellant have been filed after enquiry and no police action was warranted by the local Police of PS Nangloi and there is no more information which could be shared with the appellant.
View of CIC
The Commission observed that requisite information as per record and permissible under the RTI Act has been provided to the appellant by the respondent. The CIC rejected the appeal holding that the RTI Act is not the forum for redressal of grievances and in case the appellant so desires he could approach the competent authority in this regard.
Citation: Mr. Laxmi Narain Sharma v. Delhi Police in Case No. CIC/SS/A/2012/001780
RTI Citation : RTIFI/2012/CIC/779
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