Dear Lalit
1) SHO / ACP / DCP have no role to play in "complaints" you make to them. As per the CPC, "complaint" is information given to a Magistrate.
2) Anyone can meet the CP, he usually is accessible in the mornings at about 11:00 AM on a walk-in basis. He meets about 50-60 people daily. In addition you can meet any DCP, Addl DCP of DP on a walk-in basis if you want to. Please keep in mind that they are always moving and on call - so they may not give you fixed appointments, you'll have to take a chance on catching them.
3) There is no such rank as "Joint CP" in Delhi Police Act. Immediately below the CP we have Addl.CP. The Joint CP's are extra-statutory "sanctioned" posts for IPS officers by MHA. These officers are not officially part of Delhi Police.
4) What you deem to be a transfer u/s 6(3) by PIO (HQ) is actually a request for assistance u/s 5(4) since Delhi Police is a single public authority (confirmed to me in RTI by same PIO(HQ)). So you should file the FA to FAA (HQ) only for all replies once they are received.
5) Don't fall into the common trap of assuming and presuming where the DP stores / maintains its records. Itis teh job of the PIO who received the RTI request to provide you information. The letter and spirit of RI ACt says that within a P/A all the PIOs are equally competent to provide you information. The fact that PIO(HQ) has transferred, only means that DP has not implemented section 4(1)(a) of RTI Act, and PIO (HQ) is helpless. In any case the DP PIO(HQ) consists of 2 very junior officers who function like post office babus. Their only task is to make sure that records are in order when file reaches CIC.
6) I wonder why you did not avail of the "Public Grievance Cell" at each Police District (ie. DCP office) They are open on all working days 11-12 AM, and after you get a receipt for your written complaint you get to meet a DCP / Addl DCP in a public hearing who examines your matter on the spot and gives immediate written orders to the SHO / ACP when appropriate in your presence.
Sarbajit
--- In
rti_india@yahoogrou ps.com, Lalit Mohan Sharma <lmsdelhi@.. .> wrote:
>
> Dear Sir
> Â
> I have made a complaint to DCP ( after inaction on my complaint by SHO and ACP concerned). Not much action was taken by concerned DCP (East Delhi), so the matter was escalated to Commissioner, Delhi Police on 19-3-2009. Not much was done from CP office also. Many e-mails to CP and telephonic calls to SO to CP asking for a personal meeting with CP, not yield any result.
> Â
> At last a RTI application has been filled in PHQ on 3-2-2010 for the action taken report and daily progress made on my complaint made to Commissioner, Delhi Police.Â
> On 8-2-2010, APIO-PHQ simply transfered my application to
> (1.) Additional DCP (PIO), East Delhi,
> (2.) DCP (PIO) Vigilance Branch,
> (3.) DCP (PIO) Police Control Room
> Â
> Now it is correct that most of the information lies with East Delhi District Police, some info may be available with DCP Vigilance and DCP PCR so transfer of application to them by APIO-PHQ is right
> but PIO-PHQ must give information available in PHQ and CP office i.e. when the complaint was made to CP, there must be some action/ order/ noting by the CP on the complaint, then it may be forwarded to Joint CP, Additional CP, there must be Jt CP & Addl CP's action /remarks on that complaint before it was sent to DCP level officer.
> Â
> Now should I wait for the reply of 3 DCPs, to whom my RTI application was transfered by APIO-PHQ Â
> Or
> File a First Appeal with FAA in PHQ, Delhi for not furnishing the part of information available with PHQ and CP officeÂ
> Or
> File a complaint with CIC
> Â
> Please Guide.Â
> Â
> With Regards
> Lalit Mohan Sharma
>
> Â
>
> --- On Thu, 25/2/10, sarbajitr <sroy1947@.. .> wrote:
>
>
> From: sarbajitr <sroy1947@.. .>
> Subject: [rti_india] Re: CIC should be empowered to punish the defaulting CPIOs
> To:
rti_india@yahoogrou ps.com> Date: Thursday, 25 February, 2010, 9:33 AM
>
>
> Â
>
>
>
> Dear Mr Singh
>
> Please understand how the game is played when difficult information is sought.
>
> 1) The CPIO is obliged to reply to you in time and DENY you the information using an exemption. Your CPIO has done his job precisely. They do this because it is a "percentage game". He knows that 30% of applicant don't pursue the matter further. He is also waiting for you to make an "unforced error"
>
> 2) You fell into his trap by making a complaint to the CIC instead of filing a First Appeal. Since the CPIO has done his job your CIC complaint will most likely be dismissed or remanded back to FAA. As CIC says there is no time limit for hearing complaints, you will lose time.
>
> 3) File a damned good First Appeal immediately. They don't want the matter to reach CIC as much as you do.
>
> Sarbajit
> Moderator
>
> --- In rti_india@yahoogrou ps.com, "VB Singh" <vijay_bsingh@ ...> wrote:
> >
> >
> > CPIO (General), New Custom House, Mumbai rejected an application dated
> > 28.01.2010 filed by me outright informing vide his reply dated
> > 16.02.2010 shat Since the information sought is in regards to personal
> > information, the disclosure of which has no relationship to any public
> > activity or interest and therefore the same is being exempted under
> > Section 8 (1)(j) of the RTI Act, 2005.
> >
> > The queries were regarding processing of application of my voluntary
> > retirement and are reprodced below:
> >
> > 1. Dates of processing of F.No.S/5- Misc- 397/2009 P&E (Spl. Cell)
> > from 14.12.2009 to 14.01.2010 by the staff / officers;
> >
> > 2. Details of notings in the above said file from 14.12.2009 to
> > 14.01.2010 by the Staff / officers.
> >
> > I have submitted a complaint against the said CPIO to CIC on various
> > grounds one of them being:
> >
> > If this narrow interpretation is allowed to remain on records, then at
> > least in 90% of the work of the government, no citizen can ever ask for
> > any information from the government where his/her matters are being
> > dealt with. Obviously, much of the work in the government involves
> > interaction of the citizens with the government. Thus if anyone asks
> > information in his own matter, it can be branded as involving no public
> > activity or interest and all the inactions, perversions, misdeeds, etc.
> > of the bureaucrats can be kept under the iron curtain beyond the
> > scrutiny of anyone.
> >
> > On receiving the copy of complaint served on him he contacted me through
> > a collegue of mine to withdraw the complaint and he is ready to furnish
> > the information. It is has also been indicated by him that the
> > information under RTI are not allowed to be given by the senior officers
> > of customs and CPIOs have to face the complaint.
> >
> > The issue here is that no CPIO in any department is willing to give
> > information until it is directed by CIC. By the time decision of CIC is
> > announed, te very purpose of seeking that information is defeated. CIC
> > should be empowered to punish the defaulting CPIOs in case of any
> > violation of RTI act.
> >
> > Regards,
> >
> > VB Singh
> >
>
>
>
>
>
>
>
>
>
> The INTERNET now has a personality. YOURS! See your Yahoo! Homepage.
http://in.yahoo. com/>
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