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J.K. MITAL Versus PIO, HOME DEPARTMENT

2015 (4) TMI 1009 - CENTRAL INFORMATION COMMISSION

Non-furnishing of information as per the RTI application - information with respect to letter dated 25-11-2014 filed in relation to demolition drive being undertaken in Priyadarshini Vihar by DDA Namely, On which date the letter was placed before Home Secretary, GNCTD, Steps taken by Home Secretary. etc. Superintendent Home on 17-12-2014 replied that the letter of the applicant was transferred to DCP (HQ) - Held that:- The Commission notes that the respondent authority should have transferred th .....

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and decided that there was no threat to his life. It was the fortune of applicant that the threat disappeared, otherwise he would have suffered serious risk in spite of his request for security and information as action taken.

The objective of provision of RTI Act [Section 7(1) Proviso] that life and liberty related information shall be given in 48 hours is to inculcate responsive attitude in the Police Authority. It is pathetic to note that Home Deptt. did not exhibit any concern and .....

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Commission directs the PIO, Shri R.K. Ahuja, Dy. Secretary (Home) to explain why maximum penalty cannot be imposed for not responding to RTI application in time which pertains to life and liberty. His explanation should reach the Commission within 21 days from the date of receipt of this order.

The Commission also directs the Police authority to develop a mechanism to respond life and liberty related RTIs within 48 hours and report the same to the Commission within 48 hours and post .....

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t to letter dated 25-11-2014 filed by him in relation to demolition drive being undertaken in Priyadarshini Vihar by DDA Namely, On which date the letter was placed before Home Secretary, GNCTD, Steps taken by Home Secretary. etc. Superintendent Home on 17-12-2014 replied that the letter of the applicant was transferred to DCP (HQ), however, no reply was received till date. Claiming non-furnishing of information as per the RTI application, the Complainant has approached the Commission in Complai .....

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ction, encroachment of public land, illegal users/misusers, etc. Apprehending a grave threat, the Complainant made an application dated 25-11-2014 inter alia to the Home Secretary, GNCTD for ensuring security of his life and property, but no communication was received. 4. The complainant sought to know the status of the application concerning his Life and liberty through RTI application dated 28-11-2014. It was neither replied in 48 hours nor in 30 days. 5. Complainant stated that he a .....

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ated 25-11-2014 has been forwarded to the DCP(HQ) but however no reply has been received from their departments till date. Further it was stated that if the complainant was not satisfied with the reply, Complainant may file and appeal before the First Appellate Authority. 7. Respondent officer submitted that in response to RTI application dated 28-11-2014 they had replied on 17-12-2014 informing him that his application had been forwarded to the DCP office for appropriate action with direct .....

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ice-Chairman, DDA and Divisional Commissioner on 5-12-2014, for taking appropriate action. Hence the reply to RTI application could not be furnished within 48 hours and but was furnished on 17-12-2014. The PIO being on leave hence, reply was furnished under the signature of APIO/Superintendent (Home Police II). There was no intention at all to delay the information, the officer claimed. The officer stated that this office by its letters dated 2-2-2015 and 23-3-2015 requested Delhi Police to prov .....

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. The Commission notes that the respondent authority should have transferred the RTI application to Delhi Police. Instead, simply forwarded the same, and also there was delay in their part in replying to the life and liberty RTI application which should have been done within 48 hours. 9. The Commission noted that the respondent-Home Department has dealt with the life related RTI request to be a routine file. Even if it was not life related RT request, it should have been forwarded within 05 .....

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