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Under RTI Act

2005
To , Date : 09.05.17.

The appropriate 1st Appellate Authority-cum-DCP ,


North-West Distt. ,
Ashok Vihar ,
Delhi-110052.

Sub: First appeal u.s 19(1) of the RTI Act 2005 w.r.t applicant's RTI application
ID No. 960/17/2191/RTI-Cell/NWD.
Date of filing of the RTI application 23.03.17
RTI Transfer Letter issued from RTI ID No. XXIV/29/Spl/ID-
Cell (Delhi Police Headquarters )to the 1465/2017/10064/[RTI]/PHQ dt.
PIO NW distt. mentioning fee paid 29.03.2017
ID No.of RTI application and date of 960/17/2191/RTI-Cell/NWD
its receipt by the PIO NW distt. 31.03.2017
Amount of fees paid :-RTI application Rs. 10 via IPO No. 32F 261604 dt.
05.05.16
Additional Stationery charges paid Rs. 100 via IPO No. 46H 732193 dt.
15.03.17
Date of reply of the RTI application 27.04.17

APPELLANT :
RAVI BHATEJA
House No. 28 , Road No. 45 ,
Punjabi Bagh (west),
New Delhi-110026.
Mobile : 9899293039
E-Mail :ravibhateja1978@gmail.com

RESPONDENT :Since the PIO dt. 27.04.2017 reply doesn't mention even an iota
about the FAA , hence the appellant is constrained to file this FIRST APPEAL
with the appropriate authority as addressed above under intimation to DP
Headquarters .

Dear Sir/Madam ,
It is stated that the applicant has filed the present RTI application details
mentioned above in which specific , precise information has been sought
from points 1 - 13 in the nature of the certified copies of the police records
of PS Adarsh Nagar Delhi-33 .The subject matter to the present application
or the First appeal RTI application is on the account of info seeker has not
been provided with the information which he asked for and no certified
copies of the police records was given to him and he is being asked to
deposite advance fee amount of Rs.56 although the applicant has supplied
Rs 100 in advance via IPO dated 15.03.2017 .

The RTI application dt. 23/03/2017 which is the subject matter of the first
appeal was replied by the PIO [ vide letter dated 27/04/2017 ] & it encloses
only 1 sheet or the front page which is just only the summary sheet bearing
the signature of sh. B.L.Suresh which he handmarked along with the date
as 01.02 [PIO-CUM-ADDL.DY.COMMISSIONER OF POLICE-(II) DIST.
NW DELHI which is the photo-copy of the front page of the reply to
previously filed RTI application against which the applicant was unable to
file an appeal , hence the present RTI application .

Adjudging by the nature of the reply as given by the PIO to the present
RTI application which is merely a reference to the previous one where the
information supplied remains totally absent/errorneous/untenable by law
hence the present FIRST APPEAL .

The reply given by PIO to the applicant present RTI application details of
which are mentioned above suffers from the following defects :-
1. The reply which the PIO has sent to the info seeker vide his letter no.
(960/17/2191/RTI-Cell/NWD dt. 27.04.2017 ) encloses with it just the single
page photocopy of the front letter signed by the erestwhile PIO sh.
B.L.Suresh in which he handmarked the date as 01.02 in his designation as
[PIO-CUM-ADDL.DY.COMMISSIONER OF POLICE-(II) DIST. NW
DELHI .

In reply to the erestwhile as well as to the present rti application made by


the applicant under rti act-2005 , no document has been provided to the
applicant in reply except for this single one page order sheet by the
erestwhile PIO mentioning the number of points or the queiries raised
against which replies are earmarked as self-explainatory or enclosures but
to which no information has been ever supplied or has not been
provided /to which documents not enclosed .

2. It is pertinent to mention that the information has been denied on


fervilous and erronous grounds as in the previous RTI application which
the present PIO is referring to in his reply[ID No. 35/ RTI-Cell/NWD],
where the applicant is asked to deposite fees first whereas the applicant
had deposited the up-front amount of Rs. 100 vide IPO 46H 733136 dated
22.12.2016 which has not been taken into account and reply quoted the
same charges to be borne by the applicant (total page=28 , Rs.2 per page =
Rs. 56 ) which clearly means that the applicant has been denied the
information as asked by him in his previous RTI application as well on the
grounds of moneraty charges or fee whereas the IPO No. 46H 732193 dt.
15.03.17 of Rs .100 was enclosed in addition to IPO of Rs. 10 as RTI FEE to
which an acknowledgment was sent from the RTI Cell of DP PHQ
Headquarters against which the applicant was unable to file an appeal . As
in the present one the requisite information has been denied totally as was
the case in the past since applicant was denied information being asked to
pay the ADDITIONAL CHARGES for the certified copies (total page=28 ,
Rs.2 per page = Rs. 56 )although the applicant has already supplied the
requisite fee stationery charges of Rs. 100 in advance thr. IPO which far
exceedes the amount Rs.56 as asked for by the PIO , hence the information
in previous and present RTI is totally denied to the applicant on
inappropriate grounds .

3. Also even if the reply to the erestwhile RTI reply be taken as to be true
then also the reply given for RTI QUESTION point 4 of it is errorneous
because the notification/guidelines for the functioning of private courier
agencies which is RTI quiry which the present PIO has referred to as
replied by the erestwhile PIO sh. B.L.SURESH in his summary sheet
(described above ) wherein he has stated As per the report of I/c Record
Branch NWD , no such notification/guidelines is available in this office is
downloaded from the portal of DELHI POLICE itself and its photocopy
thereof has been placed on the record in the form of annextures (P6-8)
point 5 or of the enclosures by the applicant in RTI application dt.23.03.17.

Hence taking in view the submissions made as point no 1 - 3 above ,


it is to state that the PIO has defaulted and has totally denied the
requisite INFORMATION to the RTI application of the applicant in
its reply dated 27.04.2017 by putting down a condition for depositing
the ADDITIONAL FEE only after which the information held by
him would be released but in reality the requisite fee has already
been paid in advance(detailed above) , hence the FAA is hereby
requested to check its own departments records to issue the orders to
subordinating authorities withholding the information that the
information as asked to be provided to the applicant as points
numbering from 1-13 in his RTI application dated 23.03.2017 be
provided strictly in the same form in which it has been asked
expiditiously .
I am also reminding the authorities of their constitutional oath and
invoking their moral consciousness through which they are entrusted
with to abide by the law to perform their duties and discharge their
functions .

The present FIRST APPEAL is within the stipulated period as per RTI Act 2005 .

The excess fee be refunded back to the applicant via e-transfer to or by cheque
to :-
RAVI BHATEJA @9899293039
IFSC CODE -BDBL0001777
BANDHAN BANK
G.FLOOR PLOT NO.56 , ROAD NO 43,NEAR CENTRAL MARKET,
PUNJABI BAGH , NEW DELHI-110026.

Copy to : RTI Cell , Delhi Police Headquarters , New Delhi.

Name of the appellant and details,

RAVI BHATEJA
28/45 , Punjabi Bagh
New Delhi-26
Mob:9899293039.

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