Information pertaining to a complaint against the appellant filed on behalf of Bennet Coleman & Company Ltd. - CIC: The enquiry in the matter was completed and the complaint was filed; Provide a copy of the enquiry report along with all enclosures
24 Apr, 2019O R D E R
1. Shri Pankaj Tyagi filed two appeals in case Nos. CIC/OODCC/A/2017/604610 & CIC/OODCC/A/2017/604600 in respect of an RTI application dated 19.06.2017. Both the appeals are being clubbed together and disposed of by this order.
2. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central District, Delhi Police, Delhi seeking information on four points pertaining to a complaint dated 24.04.2017 against him filed on behalf of Bennet Coleman & Company Ltd., including, inter-alia, (i) a certified copy of the complaint and (ii) whether the accusations made against the appellant were cognizable.
3. The appellant filed a second appeal before the Commission on the grounds that the CPIO denied information on point nos. 2 to 4 of the RTI application under 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; 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; 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 Act. The appellant requested the Commission to direct the CPIO to provide the requisite information to him.
Hearing:
4. The appellant Shri Pankaj Tyagi and the respondent Shri Har Surinder Pal Singh, ACP, Delhi Police, Karol Bagh, New Delhi were present in person.
5. The appellant submitted that he has sought certain information pertaining to a complaint dated 24.04.2017 filed on behalf of Bennet Coleman & Company Ltd. against him. However, the CPIO denied the information sought on point nos. 2 to 4 of the RTI application under 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; 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; 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 Act.
6. The respondent submitted that in response to the RTI application a point wise reply was provided to the appellant vide letter dated 19.07.2017. On point no. 1 of the RTI application a copy of the complaint dated 24.04.2017 was provided to the appellant. He stated that at the time of responding to the RTI application, an enquiry was pending in the matter and disclosure of information sought for vide point nos. 2 to 4 of the RTI application would have impeded the process of enquiry. In view of this, the appellant was informed that the information sought for is exempted from disclosure under 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; 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; 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 Act. The respondent further submitted that the enquiry was completed on 29.09.2017 and the complaint was filed.
7. The appellant requested the Commission to direct the CPIO to provide a copy of the enquiry report along with all enclosures, to him.
Decision:
8. The Commission, after hearing the submissions of the respondent and perusing the records, observes that, as per the respondent, the enquiry in the matter was completed on 29.09.2017 and the complaint was filed. The Commission, therefore, direct the CPIO to provide a copy of the enquiry report along with all enclosures, to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.
9. With the above observations, both the appeals are disposed of.
10. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava
Chief Information Commissioner
Citation: Pankaj Tyagi v. CPIO, O/o the Addl. Dy. Commissioner of Police, Delhi Police, Central District, Delhi in Second Appeal Nos. CIC/OODCC/A/2017/604610 & CIC/OODCC/A/2017/604600 Dated 14.03.2019