के ኚ᭾ीय सूचना आयोग Central Information Commission बाबा गंगनाथ मागग, मुननरका

Baba Gangnath Marg, Munirka नई नि्ቤी, New Delhi – 110067 File No : CIC/FOSCL/A/2023/103142 CIC/FOSCL/A/2023/102955 AMARPAL SINGH .….अपीलक VERSUS बनाम PIO, Forensic Science Laboratory, GNCTD, Sector 14, Rohini, Delhi – 110085 ….

Date of Hearing : 04-06-2024 Date of Decision : 11-06-2024 INFORMATION COMMISSIONER : Vinod Kumar Tiwari The abovementioned Appeals have been clubbed together for decision as these are based on identical RTI Applications of the same Appellant.

Relevant facts emerging from appeals:

RTI applications filed on : 22-08-2022 CPIO replied on : 22-09-2022 First appeals filed on : 06-10-2022 First Appellate Authority’s order : 03-11-2022 2nd Appeals/Complaint dated : 12-01-2023 CIC/FOSCL/A/2023/103142 Information sought:

The Appellant filed an RTI application dated 22.08.2022 seeking the following information:

“1. kindly provide me certified copies of notings and correspondence copies of the files pertaining to purchase of Video Measurement Set (VM

700T) & TG-700 from Tektronix (India) Pvt Ltd.

2. kindly provide me certified copies of logs books of the Instruments VM 700T and TG 700. I will pay the extra fee required for the photocopies of the certified copies.”

The CPIO furnished a reply to the Appellant on 22.09.2022 stating as under:

“It is to inform you that, we haven’t received the proper reply from concerned division, therefore, we are unable to provide the information at present.”

Being dissatisfied, the appellant filed a First Appeal dated 06.10.2022. The FAA vide its order dated 03.11.2022 directed the PIO to reconsider the RTI application of the applicant as per RTI Act, 2005 and accordingly provide the information to the applicant.

In compliance with the FAA’s Order, the CPIO vide letter dated 24.11.2022 replied as under:

“It is to inform you that, the desired correspondence/file is not traceable in the concerned division, therefore, we are unable to provide the information at present, you will be replied as soon as the correspondence/file will be available.”

CIC/FOSCL/A/2023/102955 Information sought:

The Appellant filed an RTI application dated 22.08.2022 seeking the following information:

“1. please provide me certified copies of notings & correspondence of the file pertaining to purchase of UFED physical pro-ruggedized Kit (File no F.3(21)/FSL/Pur/2009).

2. please provide me certified copies of notings and correspondence of the file pertaining to the purchase of High-speed Forensic workstation F.3(34)/FSL/Pur/2009.

3. please provide me certified copies of notings and correspondence of the file related to the purchase of 06 UFED with cloud analyzers in the year 2021 for Computer Forensic division of FSL Delhi.

4. please provide me certified copies of logbooks related to above instruments.”

The CPIO furnished a reply to the Appellant on 22.09.2022 stating as under:

“It is to inform you that, we haven’t received the proper reply from concerned division, therefore, we are unable to provide the information at present.”

Being dissatisfied, the appellant filed a First Appeal dated 06.10.2022. The FAA vide its order dated 03.11.2022 directed the PIO to reconsider the RTI application of the applicant as per RTI Act, 2005 and provide the information to the applicant.

In compliance with the FAA’s Order, the CPIO vide letter dated 24.11.2022 replied as under:

“It is to inform you that, the desired correspondence/file is not traceable in the concerned division, therefore, we are unable to provide the information at present, you will be replied as soon as the correspondence/file will be available.”

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant set of Second Appeals.

Relevant Facts emerged during Hearing on 22-02-2024:

The following were present: - Appellant: Present in person.

Respondent: Dr. S. K. Paul, S.S.O. and PIO present in person.

The Commission has passed the following observations and directions on

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