Action taken on appellant’s complaint for refusal to file his report at police station - FAA order to provide a copy of report after final disposal of the matter was not complied - CIC: Provide scanned copies of records pertaining to the case in 3 weeks
29 Sep, 2021Information sought and background of the case:
(1) CIC/NHRCM/A/2019/133868
The Appellant filed an RTI application dated 06.07.2018 seeking action taken on his letter/complaint dated 28.02.2018 for refusal to file his report at police station Behror. Having not received any information from the CPIO, the Appellant filed a First Appeal dated 14.08.018 which was also not adjudicated. Aggrieved because of non - receipt of the information, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging during the course of hearing:
Written submission dated 02.07.2021 has been received from Assistant Registrar/PIO-Shri K K Shrivastava wherein it has been stated that:
- the RTI application dated 06.07.2018 was not found on records and did not appear to have been received at the National Human Rights Commission.
- On receipt of the First Appeal dated 14.08.2018, FAA furnished a point wise reply vide letter dated 04.09.2018, which was returned as undelivered on 18.09.2018.
The FAA’s response was once again sent on 20.09.2018.
(2) CIC/NHRCM/A/2019/145050
The Appellant filed an RTI application dated 04.06.2019 seeking all documents submitted by him in respect of case No. 914/20/2/18 and a certified copy of the action taken report. Having not received any information from the CPIO, the Appellant filed a First Appeal dated 11.07.2019.
The FAA vide order dated 22.08.2019 noted that the PIO vide communication dated 05.07.2019 (copy not enclosed) had provided copies of three communications dated 28.02.2018, 06.12.2018 and 16.01.2019. The Appellant was also informed that copy of the report can be provided only after final disposal of the matter by the Commission.
Aggrieved over non receipt of the information, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging during the course of hearing:
Written submission dated 02.07.2021 has been received from Assistant Registrar/PIO-Shri K K Shrivastava wherein it has been stated that:
• the RTI application dated 04.06.2019 was received on 07.06.2019 and duly replied by the PIO vide letter dated 05.07.2019.
• On receipt of the First Appeal dated 11.07.2019, FAA furnished a reply vide letter dated 22.08.2019.
• The case no. 914/20/2/2018 was closed on 18.05.2020 and the case file has been processed to be weeded out.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties. Both parties participated in the audio conference and reiterated their respective contentions, as already noted in the preceding paragraphs.
Decision:
Upon examination of the facts of the case, it is noted that both the cases deal with of the same complaint and hence both matters are dealt with together and decided by a common order. Perusal of the records reveal that the FAA had vide order dated 22.08.2019 held that a copy of the report can be provided after final disposal of the matter. The same has not been done, though the matter has been finally decided on 18.05.2020. The PIO present for the audio conference ascertained that the scanned copies of the records of the case no. 914/20/2/2018 are available with them.
Accordingly, it is hereby directed that the PIO/AR(Law) shall ensure that scanned copies of records pertaining to the case no. 914/20/2/2018 are provided to the Appellant within three weeks from the date of receipt of this order. Compliance report in this regard shall be submitted by the Respondent before this Commission by 10.08.2021.
The appeals are disposed off with these directions.
Y. K. Sinha
Chief Information Commissioner
Citation: Shri Pappu Ram v. PIO, National Human Rights Commission in Second Appeal No. CIC/NHRCM/A/2019/133868 CIC/NHRCM/A/2019/145050, Date of Decision: 08.07.2021