CIC : Complaint copies cannt be denied to accused.

Central Information Commission

Mr.Tarunjeet Singh Taneja vs Ministry Of Home Affairs on 9 November, 2011
Central Information Commission

Room No. 305 B­Wing, August Kranti Bhawan, Bhikaji Kama Place, New Delhi – 110066 Tel No: 26167931

Case No. CIC/SS/A/2011/001074

Name of the Appellant : Shri T.S. Taneja (The Appellant was not Present)

Name of the Public Authority : Delhi Police, Special Police Unit for Women & Children, Nanakpura, New Delhi..

Represented by Shri Shri S.S. Malhan, Inspector.

The matter was heard on : 27.10.2011

ORDER

The present appeal has been filed by the Appellant Shri T.S. Taneja on the grounds of denial to him by the Respondent of certified copies of complaint filed by Smt. Sukhvinder Kaur Taneja, by seeking exemption under the provisions of section 8 (1) (e) of the RTI Act.

The appellant, through his RTI petition dated 4.4.2011, had requested for certified copies of complaint No. 1303 dated 19.4.2010 and complaint No. 2189 dated 23.6.2010 filed by Smt. Sukhvinder Kaur Taneja, i.e. wife of the appellant with the CAW Cell Nanakpura, New Delhi. Shri Suman Nalwa, PIO/Addl. Commissioner of Police had replied to the appellant that copies of the complaint of Smt. Sukhvinder Kaur Taneja cannot be provided in view of section 8 (1)(e) of the RTI Act. Shri U,K. Chaudhary, Addl. Commissioner of Police/FAA, before whom the appellant filed an appeal, has concurred with the reply of the CPIO.

In his 2nd appeal filed before the Commission, the appellant submits that an F.I.R has already been registered on a complaint filed by his wife and that once a complaint has been converted into an F.I.R., denial of copies on the grounds of fiduciary relations is misconceived.

The Commission has consistently been holding the view that a person against whom a complaint is being made is entitled to have a copy of the said complaint. In this case also the Commission is of the view that none of the exemption provisions of the RTI Act apply. The Commission, therefore, directs the Respondent CPIO to provide copies of the complaints as requested by the appellant in his application, free of cost to him within 10 days of receipt of this order.

The matter is disposed of on the part of the Commission.

(Sushma Singh)

Information Commissioner

9.11.2011

Authenticated true copy

(K. K. Sharma)

OSD & Dy. Registrar

Copy to:

Shri T.S. Taneja,
Block NMp.II, Flat No.005,
Kirti Apartments,
Mayur Vihar, Phase-1 Extension,Delhi – 110091.

The CPIO,
O/o Addl. Deputy Commissioner of Police, Special Police Unit for Women & Children, Nanakpura, New Delhi.

The First Appellate Authority,
O/o Addl. Deputy Commissioner of Police, Special Police Unit for Women & Children, Nanakpura, New Delhi.

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