Luggage was stolen due to alleged carelessness of the packers & movers - CIC: provide copies of the statements recorded by the investigation officer & inform whether the police has been investigating the calls details of the accused

ORDER

RTI application:

1. The appellant filed an RTI application on 04.11.2012 seeking information pertaining to a certain FIR.

2. The CPIO responded on 08.12.2012 and denied information to the appellant 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; of the RTI Act. The appellant filed his first appeal on 25.12.2012 to the first appellate authority (FAA). The FAA response is not on record. The appellant filed a second appeal on 02.05.2013 with the Commission.

Hearing:

3. The appellant was represented by his sister and participated in the hearing through video conferencing. The respondent participated in the hearing personally.

4. The appellant's representative referred to the RTI application of 04.11.2012 and reiterated the 11 points mentioned in the RTI application and stated that the background of this matter pertains to when her brother was transferred, and due to the carelessness of the packers and movers the luggage was stolen and in this connection an FIR lodged as stated in the RTI application.

5. The appellant stated that the focus in this hearing is on the following:

(i) to get a copy of the FIR;

(ii) to be informed about the present status of the investigation;

(iii) the record of the statement that the police have taken;

(iv) the dates relevant to the investigation;

(v) the action that has been taken so far; and

(vi) whether the investigating officer has taken the calls details of the accused.

6. The respondent stated that a case has been registered under the direction of the competent court and this was under the sections pertaining to breach of trust. The respondent stated that a copy of the FIR has already been made available to the appellant. The respondent stated that they have no intention to withhold any information but at this point of time the matter is still pending investigation. The respondent stated that it would be in the interest of the investigation not to provide information.

7.During the hearing, it was concluded that the respondent shall provide to the appellant:

(i) copies of the statements recorded by the investigation officer; and

(ii) whether the police has been investigating the calls details of the accused as mentioned in the RTI application.

Decision:

8. The respondent is directed to provide to the appellant, within 30 days of this order, the information as per para 7 above. The appeal is disposed of. Copy of decision be given free of cost to the parties.

(Vijai Sharma)

Information Commissioner

Citation: Shri Vikas Malik v. Delhi Police in Decision No.CIC/SS/A/2013/001411/VS/06087