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2021 Supreme(Online)(CIC) 7126

के

Central Information Commission बाबागंगनाथ माग Baba Gangnath Marg, Munirka नई ि

In the matter of:

Dabkesh Kumar … अपीलकता

VERSUS बनाम

1.CPIO, …

/Assistant Security Commissioner, O/o The Sr. Divisional Security Commissioner, Railway Protection Force, Delhi West, New Delhi

2. CPIO /Senior Divisional Material Manager, Northern Railway, O/o The Divisional Railway Manager, Delhi Division, New Delhi Relevant dates emerging from the appeal:


































R TI Application filed on:08.03.2019
CPIO replied on:12.03.2019
First Appeal filed on:12.04.2019
First Appellate Authority order:26.04.2019
Second Appeal Received on:11.06.2019
Date of Hearing:25.06.2021
The following were present:

Appellant: Shri Dabkesh Kumar participated in the hearing on being contacted on his telephone.

Respondent: Shri Satish Chand Sahay, ASC, Northern Railway participated in the hearing on being contacted on his telephone.

O R D E R

Information sought:

The Appellant filed an online RTI Application dated 08.03.2019 seeking information on the following four points:

“Kindly provide me certified copy of the following under RTI act 2005 as under

1) CCTV footage of platform number 5 of New Delhi railway station from 03:00am to 04:00am of date 08.03.2019

2) Name, belt no. and post of On-duty Police personnel posted in train number 19806 in coach number S-7 on dated 08.03.2019 at New Delhi Railway Station.

3) Name, belt no. and post of On-duty Police personnel posted at platform number 5 of New Delhi railway station on dated 08.03.2019.

4) Number of theft matters in trains (complaints and F.I.R,s) registered from

01.01.2018 to 08.03.2019 of New Delhi railway station along with Number of resolved/disposed cases of these complaints and for the period given above in this point”

The CPIO vide letter dated 12.03.2019, transferred RTI Application u/s 6(3) to CPIO/DCP/GRP/Ajmeri Gate, New Delhi and endorsed a copy to the Appellant. Being dissatisfied, the Appellant filed a First Appeal dated 12.04.2019. The First Appellate Authority vide order dated 26.04.2019, informed as under:

Grounds for Second Appeal:

The Appellant filed a Second Appeal u/s 19 of the Act on the ground of non- receipt of information from the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.

Submissions made by Appellant and Respondent during Hearing:

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.

The Appellant stated that the information sought at point no. 1 of the RTI Application has not been provided by the Respondent till date. He further stated that the reply provided by the Respondent as sought at point nos. 2 to 4 of the RTI Application are satisfactory.

The Respondent submitted that appropriate reply has been provided to the Appellant vide letter dated 09.04.2019 which also contained an enclosure dated 04.04.2019. He explained the Commission that the letter dated 04.04.2019 was addressed to the Sr. Dy. Security Commissioner, Railway Protection Force, DLI-W, P.K. Road, New Delhi by the Inspector, Railway Protection Force, New Delhi Station, wherein it was categorically stated that the relevant CCTV footage remains in the system upto 20 days from the date of the incident and after that it is automatically abolished/overwritten from the system. However, since the said CCTV footage of platform no. 5 recorded between 0300 hrs to 0400 hrs on 08.03.2019 has been scrutinized and saved in the system, the Inspector, Railway Protection Force had requested a direction from the Sr. Dy. Security Commissioner to the applicant to obtain the same from the RPF staff on duty from the concerned CCTV room, New Delhi station.

At the instance of the Commission as to whether the Appellant is ready and willing to visit the Respondent’s office for inspection of the averred CCTV footage, he explained the Bench that due to official commitments, he cannot leave the station.

A written submission has been received by the Commission from the Assistant Security Commissioner (Headquarter), Railway Protection Force, Delhi Division vide letter dated 15.06.2021, wherein he has stated as under:

Decision Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the reply provided by the Respondent on point no. 1 of the RTI Application is not appropriate/satisfactory.

Keeping in view the aforesaid facts and circumstances, the Commission deems it fit to direct the present PIO/Asst. Security Commissioner, Headquarter, Railway Protection Force to obtain the specific and relevant information as sought at point no. 1 of the RTI Application from the concerned Sr. Dy. Security Commissioner, Railway Protection Force, DLI-W, P.K. Road, New Delhi and provide a copy of the averred CCTV footage

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