Varun Krishna v. Delhi Police

PIO/DCP (East Dist.), vide letter dated 30.05.2018 furnished a reply to the Appellant stating that action under Section 28/112 DP Act has already been taken against owner of the dhaba.

Dissatisfied with the reply received from the PIO, Appellant filed a First Appeal dated 30.05.2018. FAA vide order dated 13.07.2018 upheld the reply of the PIO. Feeling aggrieved as dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties. Both parties participated in the hearing on being contacted on their respective telephones.

The appellant states that the encroachment on the footpath near New Ashok Nagar, in the form of a dhaba has been ongoing for the last 25 years, by the tacit support of the police officials because it caters primarily to the staff of the respondent. Appellant further states that residents of the area are facing problems due to encroachment of the footpath by the dhaba, but despite complaints by residents, no public authority has taken action. Whenever a complaint is filed for removal of encroachments, municipal authorities and police authorities pass the onus on each other but the moot question is never addressed. The appellant has further alleged that when police officials are finally prepared to take action, the dhaba owner is alerted in advance and no effective action is taken for a resolution of the issue. The appellant has further pointed out that the respondents' website does not indicate the updated information about the beat constables and police officials responsible for the upkeep of law and order in the Vasundhara Enclave area.

Decision:

Upon hearing the averments of the parties, it is apparent that the respondent's reply to the RTI query is not satisfactory, since the question has not been answered appropriately. The appellant's submission during the hearing reveals the genesis of the queries can be addressed only when appropriate action for removal of the encroachment is taken by the respondent. Considering the limited scope of the RTI Act, the Commission directs the respondent- Sh. Rajendra Kumar-ACP-HQ to furnish a revised comprehensive reply about action taken for removal of the encroachment on the footpath and in the event the encroachment has not been removed so far, reason for the same shall also be provided to the appellant, within three weeks of receipt of this order. Before parting with the case, the Commission directs the respondent to implement the provisions of Section 4(1)(b) of the RTI Act, 2005 and ensure that

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names of beat officials and other police officials posted at the New Ashok Nagar police station should be uploaded on the website and regularly updated. Compliance report with respect to both the aforementioned directions should be submitted by the respondent, before the Commission by 30.09.2020, failing which appropriate action in terms of the RTI Act will be initiated by the Commission.

CIC/DEPOL/C/2018/629280 Information sought and background of the case:

The Complainant filed RTI Application dated 04.05.2018seeking information on 5 points about official vehicles of police station between 01.04.2018 to 04.05.2018, New Ashok Nagar:

1. Total number of official vehicles allocated to Police Station.

2. Provide the copies of valid pollution control certificate and insurance certificate for S No. 1 as on current date of this RTI.

3. License plate numbers of official vehicles from S No. 1 who do not have valid pollution control certificate as on 4.5.18 along with Grounds available on records for missing document.

4. License plate numbers of official vehicles from S No. 1 who do not have valid insurance certificate as on 4.5.18 along with Grounds available on records for missing document.

5. Names, Designations, and Official Mobile numbers of the officials responsible for S.no.3.

[Queries reproduced verbatim]

PIO/DCP (East Dist.) vide letter dated 06.06.2018 furnished point wise information against each of the queries, to the Complainant. Being dissatisfied with the reply received from the PIO, Complainant approached the Commission with the instant Complaint.

Facts emerging in Course of Hearing:

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties. Both parties participated in the hearing on being contacted on their respective telephones.

The complainant submits that though reply has been provided by the respondent, it is cursory and incomplete because copies of the pollution certificates sought by him in query number 2 have not been provided. The

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respondent states that the vehicles have been condemned now and hence the pollution certificates with respect to the same cannot be provided.

Decision:

Upon hearing averments of the parties, it is evident that delay of two years may have led led to destruction of the records sought by the complainant. The respondent has erred in not providing copies of the pollution certificates alongwith the PIO's reply dated 06.06.2018. The respondent is thus directed to submit a reasonable explanation for the lapse of not furnishing the complete information thereby violating the provisions of the RTI Act. Explanation from the respondent must reach the Commission by 30.09.2020, failing which appropriate legal action will to be initiated by the Commission, in terms of the RTI Act.

The above cases are thus disposed off, with these directions.

Y. K. Sinha (वाई. के. नसन्द्हा)

Information Commissioner(सचूना आयकु्त) Authenticated true copy

(अनिप्रमानणतसत्यानपतप्रनत)

Ram Parkash Grover (राम प्रकाि ग्रोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514

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