Copy of correspondence and note-sheet of investigation20 Dec, 2011
The Appellant sought information and documents related to his complaint against Reliance Money Limited/Reliance Securities Limited and its associated companies dated 2.9.2010, submitted vide diary No.2366/EOW dated 3.9.2009 (C405/CBT dated 4.9.2009). The PIO furnished certain information while denying the copies of complete correspondence and file notings as per provisions of section 8(1) (h) of the RTI Act claiming that it would impede the enquiry/investigation. The FAA upheld the decision of CPIO. Before the Commission, the appellant submitted that after keeping his complaint pending for 20 months and 21 days, the Respondent have not lodged an F.I.R. and have now through their letter dated 23.5.2011 informed him that his complaint has been filed being civil in nature. The appellant requested to:
a. Provide sufficient reasons for FIR/Case not lodged for over 20 months and provide sufficient reasons for the delays in the enquiry and subsequent filing of the complaint.
b. Disclose findings of the account opening forms inspected for forgery of signatures and/or the reason for not sending them for forensic examination for more than 20 months.
c. Provide copy of complete correspondence and noting on file relating to enquiry into the complaint made by the appellant.
View of the CIC
The Commission observed that the Respondent have quoted section 8(1) (h) of the RTI Act without providing sufficient reasons for not disclosing the information requested. The Commission also noted that the complaint has now been filed. Therefore, the Commission directed the Respondent to provide complete requisite information to the appellant, including findings in the account opening form for forgery of signatures and reasons, as per record, for not sending them for forensic examination and for not lodging an FIR. The PIO was also directed to provide copy of complete correspondence and notings on file relating to enquiry into the complaint including all documents collected during enquiry. The Commission directed the PIO to provide the complete copy of enquiry report to the appellant.
Citation: Shri Amit Bhargava v. Delhi Police, E.O.W. in Case No. CIC/SS/A/2011/001226