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Home , Puzhal

INFORMATION COMMISSION No.2 Theagaraya Road, , 600 018. Tel: 24347590

Date of Enquiry :08.06.2016

Present :

Thiru K. RAMANUJAM, I.P.S .,(Retd.) State Chief Information Commissioner.

Case Nos.SA-43179/SCIC/2014

Thiru Asit Boran Sam, Convict Prisoner No.600, Puzhal, through the Addl. Superintendent of Prison, ….. APPELLANT Central Prison, Puzhal, Chennai-66.

The Deputy Commissioner of Police, District, .

The Inspector of Police, …. PUBLIC AUTHORITY Tamil Nadu Commando Force, Marutham, Boat Club, R.A. Puram, Chennai-28

ORDER

Date of RTI petition 29.01.2014 Date of First Appeal 30.08.2014 Date of Second Appeal to Commission 13.11.2014 Order of the Commission 13.01.2016 & 03.04.2016 Reply of the PIO 17.02.2016 & 21.04.2016

The appellant is Thiru Asit Boran Sam, Convict Prisoner, Puzhal. The Public authority is represented by Thiru A. Myilvaganan, Deputy Commissioner of Police, Pulianthope District, Greater Chennai Police then Public Information Officer, District and Thiru B.S.Venkateshkumar, Inspector of Police, Tamil Nadu Commando Force, Marutham , Boat Club Road, R.A.Puram, Chennai then Inspector of Police, T7 Tank Factory Police Station, . 2. The petitioner, a convict in Puzhal Prison, had sought certain documents relating to the criminal case in which he was convicted. Inspector T7 Tank Factory Police Station sent a reply stating that the records dated back to 18 years and were not traceable and, ther efore the petitioner may obtain records from the Courts. This reply was forwarded by the Deputy Commissioner, Ambattur who was the Public Information Officer. 3. On an appeal filed before the Commission, an order dated 13.01.2016 was issued asking the Deputy Commissioner to report the prescribed period of retention of Case Diary Files in respect of Murder Cases, the relevant orders about retention and the office where the documents may be available if there is no provision the destroy such records. In response to this, Deputy Commissioner, Ambattur sent a reply dated 17.02.2016 furnishing most of the re cords sought by the petitioner, adding that the FIR number was wrongly mentioned as 51/1995 instead of 52/19 95. He had also stated that the PSR copy could not be traced and efforts were being made to furnish them also. 4. On a clarification sought by the Commission, the Deputy Commissioner of Police, Ambattur has reported that Thiru B.S.Venkateshkumar now in Tamil Nadu Commando Force, was the Inspector of T7 Tank Factory Police Station when the reply was sent. He has added that Thiru A. Myilvaganan, now Deputy Commissioner of Police, Puliyanthope, was then Deputy Commissioner of Police, Ambattur. 5. A direction had also been issued to the Deputy Commissioner of Police, Ambattur that as the documents had been furnished to the petitioner without attestation, fresh copies should be given with attestation of each page. 6. The Superintendent of Central Prison, Puzhal was asked to confirm whether certified copies had been received and handed over the petitioner. 7. Compliance on these two points has not been reported yet by Deputy Commissioner of Police, Ambattur and Superintendent of Central Prison I, Puzhal. 8. Show Cause Notices were issued to Thiru A. Myilvaganan, Deputy Commissioner and Thiru B.S.Venkateshkumar, Inspector to explain their omissions in furnishing the reply to the effect the documents were not available whereas, subsequently they were reported to be available after an intervention of the Commission. 9. Thiru B.S .Venkateshkumar, Inspector of Police who is present for the enquiry has submitted the written explanation stating that he had taken efforts to trace the CD file but it could not be traced. He has also mentioned that the petition under RTI referred to Cr No. 52/1995 although the petitioner was actually convicted in Cr No. 51/ 1995. He has added that Cr No. 52/1995 related to a case under section 285 IPC @ 174 CrPC in which further action had been dropped on 10.04.1995 and as records of such cases were not to be kept for more than 3 years, he had sent a reply stating that the records were not traceable. 10. In his RTI petition, petitioner had mentioned Cr No. 52/1995 under section 302, 49. If the Inspector founds that Cr.no. 52/1995 actually related to a case under section 285 IPC @ 174 CrPC, then he should have sent a reply stating this fact instead of saying that the records were not available. After the Commission raised certain queries relating to the prescribed period of retention of Case Diary files, then the relevant records were traced and copies furnished by the successors to the two officers who have been summoned today. 11. Thiru A. Myilvaganan has also given a report and explanation on the same lines. The D eputy Commissioner explains that the RTI petition was sent directly to the Police Station and the Inspector had sent his reply dated 16.09.2014 directly to the prison. When an appeal was filed , another Inspector of Police who had assumed office in Tank Factory Police Station forwarded this reply to the Deputy Commissioner who in turn had sent a reply to the petitioner on 18.10.2014. 12. Having gone through the explanation of the two officers, the Commission is of the view that there has been no wanton refusal of the information. Therefore, further action on the Show Cause Notices is dropped in respect of both officers. 13. However there seems to be confusion the Deputy Commissioner is the Public Information Officer in respect of the all the Police Stations under the jurisdiction or whether the Inspector is the Public Information Officer in respect of his station. 14. The Deputy Commissioner, Ambattur and Superintendent of Police Central prison I (Convict) Puzhal will report compliance on the paragraphs 4(b) and 4(c) in the order dated 03.04.20 16 respectively. 15. Deputy Commissioner, Ambattur will also report whether the PSR copy was traced and furnished vide para 4 of his letter dated 17.02.2016 to the Information Commission.

s/d-(K. RAMANUJAM) STATE CHIEF INFORMATION COMMISSIONER.

// By Order//

Assistant Registrar

Case Nos.SA-43179/SCIC/2014

Thiru Asit Boran Sam, Convict Prisoner No.600, Puzhal, through the Addl. Superintendent of Prison, Central Prison, Puzhal, Chennai-66.

The Deputy Commissioner of Police, Pulianthope District, Greater Chennai Police.

The Deputy Commissioner of Police, Ambattur District, @ Avadi, Chennai – 600 054.

The Inspector of Police, Tamil Nadu Commando Force, Marutham, Boat Club, R.A. Puram, Chennai-28

The Superintendent of Central Prison, Central Prison – I (Convict) Puzhal, Chennai -66 tk pa 08.06.2016