@ Queriest,
1. How can we get a copy of complaint?
Take: File a RTI to CAW Cell to give copy of Complaint.
2. How can we know what other complaints are written?
Take: In above suggested RTI Application write a que. Kindly give all complaints till date filed by Mrs…. D/o…..W/o…..address from dd/mm/yyyy till date before the CAW Cell.
3. How can we ensure that there will be no complaints added to the original complaint at a later date?
Take: Once you have reply from CAW Cell annexing (all) complains filed by your bhabhi till date then que. of adding / deleting / editing is out of question. Be it so Court is there afterwards to sort it out.
4. Does it help that my brother filed a complaint much before her?
Take: First movers have always advantage.
Use below Order of CIC to get Copy of Complaint filed by your bhabhi from CAW Cell via RTI route;
Central Information Commission
Room No. 305, 2nd Floor, ‘B’ Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi-110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000350
Name of Appellant : Sh. Ritesh Suri (The Appellant was present)
Name of Respondent : Addl. Commissioner of Police,
Special Police Unit for Women and Children, New Delhi.
Represented by:
Shri O.P. Arora, ACP and Shri S.S.
Malhan, Inspector.
The matter was heard on : 17.8.2011
ORDER
Sh. Ritesh Suri, the appellant, vide his RTI application dated 13.12.2010 requested the respondent CPIO for a copy of the complaint registered by his wife Smt. Lekha Chhabra against him in the Crime Against Women Cell, Nanakpura, New Delhi. The information requested was denied to the appellant by the CPIO u/s 8(1)(e) and also u/s 11 of the RTI Act on the grounds that complainant has not given her consent to give a copy of the complaint to the Appellant. Aggrieved with the reply the appellant filed an appeal before the First Appellate Authority (FAA). The FAA, vide its order dated 19.1.2011 upheld the decision of the PIO.
The Commission in a number of its decisions has held that the person complained against has right to know the nature of complaint made against him, particularly when the respondent has taken action on the complaint filed with them. The Complainant too has filed the complaint before the Crime Against Women Cell with the expectation that they would take necessary action, as per law, on her complaint. Such documents can hardly be treated as personal information supplied by third party. The Commission therefore directs the Respondent CPIO to provide a copy of the complaint filed by his wife to the appellant, free of cost, within 7 days of receipt of this order.
With these directions the matter is disposed of on the part of the Commission.
Sd/-
(Sushma Singh)
Information Commissioner
17.08.2011
Authenticated true copy
(K.K. Sharma )
OSD & Dy. Registrar
Copy to:
1. Shri Ritest Suri,
C-3701, Ground Floor,
Sushant Lok Phase-1,
Gurgaon, Haryana.
2. The P.I.O.
Addl. Commissioner of Police,
Special Police Unit for Women and Children,
Nanakpura, New Delhi.
3. The First Appellate Authority,
Dy. Commissioner of Police,
Special Police Unit for Women and Children,
Nanakpura, New Delhi.
For draft format of RTI Application on asked matter kindly do some self – search in same forum or in Constitution Law Forum you will get one and if not send a PM with email ID surely help but not before little self-help.
