Central Information Commission
Appeal No.CIC/WB/A/2008/01390-SM dated 23-04-2008

Right to Information Act-2005-Under Section (19)

Dated: 28 October 2009

Name of the Appellant
:Shri M.L.Jain
H – 102, Raj Nagar – II,
Palam Colony,
New Delhi – 110 045.

Name of the Public Authority
:CPIO, O/o the Deputy Commissioner of Police, South West District,
New Delhi.

The Appellant was present in person.
On behalf of the Respondent, the following were present:-
(i) Shri Zile Singh, ACP,
(ii) Shri Satya Parkash, Sub-Inspector

2. In this case, the Appellant had requested the CPIO on April 23, 2008 for a copy of the complaint dated March 3, 2008 made by one Shri K.K. Agarwal to the Union Finance Minister, Chief Minister of Delhi and the Commissioner of Delhi Police The CPIO declined to provide the copy of the said complaint in his reply dated May 28, 2008 claiming that this was third party information and, therefore, could not be disclosed. Against this, the Appellant approached the first Appellate Authority on June 10, 2008. The Appellate Authority disposed of the appeal in his order dated July 5, 2008 by upholding the decision of the CPIO. Consequently, the Appellant has come before us in second appeal.

3. Both the parties were present during the hearing and made their submissions. We do not agree with the CPIO that the complaint filed by any person cannot be disclosed merely because the Complainant does not want the complaint to be so disclosed. Once a complaint is filed with the Police or any other authorities, which the said Public Authority decides to enquire into, the complaint becomes a valid public document. It cannot be CIC/WB/A/2008/01390-SM
disclosed only if the contents of such complaint exempted from disclosure under any of the provisions of the Right to Information (RTI) Act. In this case, the Respondent has cited no such provision of the Right to Information (RTI) Act in denying the information except by stating that the complaint had been filed by a third party.

4. In view of the above, we direct the CPIO to provide to the Appellant a copy of the complaint of Shri K.K. Agarwal dated March 3, 2008 within 10 working days from the receipt of this order.

5. With the above directions, the appeal is disposed off.

6. Copies of this order be given free of cost to the parties.

(Satyananda Mishra)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla)
Assistant Registrar