Iind ap[eal of rti correction checking

manojkumar (Querist) 25 November 2013 This query is : Resolved
Appeal before State Information Commission Haryana

Appeal No. ------------
Dated -------------------
[For office use only]

As I am aggrieved by decision First Appellate Authority S.p.i.o / Deputy Superintendent of police Ftehabad
I hereby file this appeal for your kind decision.

1. Details of appellant:
Full Name: Manoj kumar s/o Sh Kirpa ram
Full Address: Street no 9 Bhatia colony Ward no 19 Fatehabad-125050
Phone No.: 09416107685-09017619037
Email ID: easy227@gmail.com

Details of First Public Information Officer (SPIO):DY. S.P. OF POLICE 3rd Floor MINI SECTRIATE Fatehabad Haryana -125050
Name of Public Authority: Superintendent of police Police department
Details of First Appellate Authority
Deputy Superintendent of police Fatehabad 3rd Floor MINI SECTRIATE Fatehabad Haryana -125050

Dates of RTI application/first appeal: 30/10/2013

5. Particulars of Decisions:
In the design of first appellate authority S.P.I.O dismissed my appeal num-36173 dated 22-11-2013 on the ground that gimnies of record can not provide as per advise deputy dist. Attorney that as per dand0 parkirye 0 sahinta ki dhara 172 ke tahet nahi di ja sakti
Alse can not provide under section 8 (h) of R.T.I Act 2005 .

5.1 Reference No 617 Date of PIO’s Decision: 01/10.2013

Reference No 653 Date of PIO’s Decision: 24/10.2013

5.2 Reference No 36173 Date of FAA’s Decision: 22/11/2013

5.3 Date/s of personal hearing by FAA: NIL

6. Dates of receipt of replies by appellant from-

6.1 PIO- 4-10-2013
Reminder dated 14-10-13 to S.p.i.o / 653-24-10-13 /28-10-13

6.2 FAA: 24-11/2013

Details of information sought:
I seek the information given blow
1- copy of missal or case theory (gimny) regardin fir no 247/18/2013
2 copies of all call details get in case 247/18/5/13
3- information regarding my three fir no 238/ 247/ 262 who found involved in all mater please provide full details
4 on my application dated 2 july 2013 for some important names submitting in investigation/fir 247 what action taken please give full details
5 if you not submit any names they have full proofs in police record against showing involved in then who officer is responsible plese give full name and address
6- I have filed application against investigation/sita ram io to DGP OFFICE DRGPO/E/2013/000124 allegation on the io sita ram found truth or false provide information
Ii who officr write to the DGP that the ‘’Punjab singh have no role in found take girl case’’ please give me full name and address of said officer responsible for this
7-please provide the call details of mobile number 9416233388 of investigation officer sita ram from may 19 to 2 sep 2013
8- please provide cdr of mobile num 9466759918 dated31 aug 2013 6 am to 11 am period
9- please prodive all names of persons present in the panchayat in the 23-5-13 these all names by p.o raj kumar in the city p.s compound in the panchayat regarding fir247
10-pleae provide information about matter 23 may 2013 one lady cut their cloths in the panchayat . I seek the what is provision in the law what action is taken on this lady if not who officer is responsible for this
11-please provide information about application filed by me to your high authorities about transfer my matter to C.I.A what action taken by your department if not clear the reasons
8. Brief facts of the case:
Sir fact is that my 16.5 years aged daughter is kidnapped from my home at 18 may 2013 at aproxmatly time 5 A.M by one of Punjab singh r/o Bhatia colony Fatehabad and his relative person rahul jain r/o braut up First Information is given to at 5.30 A.m police chonki gurunanak pura Fatehabad in this chonki mr sita ram is inchage officer
He have not take any action on this matter carefully and with honesty his working activity is very dough full from starting
After 6 month matter not traced by.

I seek information from p.i.o sp office all brief but p.o.i have submitted some written statement but these are not match with my information reply I have sent reminder to Dated 14-10-13 same but no information given to me dated 28-10-13 reply me same of above then all call details are available in the police file but police not want to provide these all information due to setting up with criminals of S.i Sita ram if police provide these all information to me police officer think that relation of police can disclose
For natural justice these all information are important for me

9.Grounds for this appeal:
1-Because the investigation regarding the matter is over 6 month does not impede any process of investigation or prosecution
but rather it is to assist the fair and impartial proceedings under the relevant procedure.

2-Because no document can be classified arbitrarily as secret or confidential except as provided for in the act.

3-Because the information sought are absolutely in the R.t.i Act 2005
4- Because that is beyond the purview of section -8 (H) of the Rti Act and Official Secret Act,

5-Because as disclosed in the letter of police,the gimnies are can not provide to complainant under R.T.I Act 2005 8(h) I.P.C 172 but can view in our office if we can view any documaents from files also can get them
in this case police has been submitted in the court have declared absconder proclaimed to all accused. that no investigation are pending .
Hence nothing remains confidential.
Complainant has right to know all

6-Because the question of security does not arise. Every information or evidence given by any person
7-Because even the press and news media are revealing the facts mechanically which means every
information is being given to them by police but it refuses to give information to the complainant ,
thus double standard can not be applied.
8- Because the report is that on his basis of which the higher authorities have approved to put up in the court ,
can not be held to be confidential .It is part of investigation and case diary.
Information not provided to applicant on incorrect grounds as the information sought does not come within the ambit of Section 8 (h) RTI Act,
9-Because R.t.i act 2005 ''''(h) information which would impede the process of investigation or apprehension or prosecution of offenders ''''
in the view of above mention point (h)
Question is that what complainant can impede the process of his own justice ?
11. Prayer
I pray that my application of information is wrongly dismissed by s.p.i.o please order to providing all information within the limited time because I can seen of investigation papers carefully can help with police to find my daughter.

13. Personal Presence at hearing: NO:
Dear sir I request to you that I cannot present in personally being poor man and I am busy in the find to my daughter

14. Declaration:

I hereby state that the information and particulars given above are true to the best of my knowledge and
Belief . I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.

Place: ------------------------------------------

Date: -------------------------------------------

Signature of appellant

INDEX OF APPEAL

of Mr ------------------------dated ------------------------ with SIC Haryana

1. Particulars Page Sr. No. from/ to

2. Original second appeal

3. Chronology chart of RTI application

4. Copy of RTI application dated--------- with its enclosures.

5. Copy of proof of mailing RTI application

6. DD/IPO/PS/Cash receipt for filing fees and other charges.

7. Copy of first appeal dated --------------- with its enclosures

8. Copy of proof of mailing first appeal

9. Postal A.D. card/Acknowledgement letter, received from CPIO/SPIO & FAA

10. Copy of decision of CPIO/SPIO dated ----------------------

11. Copy of decision of FAA dated ------------------------

12. Proof of mailing complaint/second appeal to CPIO/SPIO and FAA

13. Other documents in support of second appeal

Place:

Date:

Signature of appellant/complainant

CHRONOLOGICAL CHART OF RTI APPLICATION

of Mr.---------------------------------------------------- dated ------------------------------------------

1. Action Date: -----------------------------------------------

2. Application mailed to ACPIO/CPIO or ASPIO/SPIO on: -----------------------------------------

3. Application received by ACPIO/CPIO or ASPIO/SPIO on: -------------------------------------

4. Date of receipt of letter for paying charges: ---------------------------------------------------------

5. Date of remitting charges to CPIO/SPIO: -----------------------------------------------------------

6. Date of decision of CPIO/SPIO: -----------------------------------------------------------------------

7. Date of receipt of decision of CPIO/SPIO by appellant/complainant: ------------------------

8. First appeal mailed to FAA on: -------------------------------------------------------------------------

9. Date of receipt of appeal by FAA: ---------------------------------------------------------------------

10. Date/s of personal hearing by FAA: -----------------------------------------------------------------

11. Date of decision of FAA: -------------------------------------------------------------------------------

12. Date of receipt of decision of FAA by appellant/complainant: --------------------------------

13. Date of Second Appeal/complaint: -------------------------------------------------------------

14. Date of mailing copy of second appeal/ complaint to CPIO/SPIO & FAA: ----------------

15. Date of mailing Second Appeal to CIC/SPIO: ------------------------------------------------

Place: ------------------------------------

Date: -------------------------------------

Signature of appellant

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