WEST BENGAL INFORMATION COMMISSION

Bhabani Bhaban, 2nd Floor, Alipore

Kolkata-700 027
Telefax (033)2479-1966
Website: www.wbic.gov.in
E-mail: scic-wb@nic.in
Appeal/Complaint No. 2274(2)-WBIC/RTI/805/11
Right to Information Act, 2005
Sk. Mansur Ali

Vs.
Superintendent of Police, Purba Medinipur
Coram: Shri Sujit Kumar Sarkar, State Chief Information Commissioner

(i)

Present:
1. Shri Parijat Biswas .S.D.P.O., Tamluk, Purba Medinipur on behalf of
Superintendent of Police, Purba Medinipur
Appellant: Sk. Mansur Ali absent
Date of hearing: 17.11.2011
Background
Sk. Mansur Ali of Vill. & P.O. Ramchandrapur, Bagnan, Howrah 711 303 filed
one RTI application dtd. 11.10.2010 addressed to the D.I.G. of Police (Mod. & Co-ord.)
& S.P.I.O., West Bengal Police Directorate, asking for six point information pertaining to
the alleged murder of his daughter named Mamtaj Begum w/o Sk. Saiful Hossain of Vill.
Barisha, P.O. & P.S. Kolaghat, Dist. Purba Medinipur. The main information asked for in
the aforesaid RTI application was for an authenticated xerox copy of G.D. Entry
reportedly recorded in the office of the DIG of Police(Mod-Co-ord) and SPIO, Police
Directorate, West Bengal in connection with an alleged incident of raid by a group of
Armed Police of Kolaghat P.S. accompanied by some hoodlums including one Sk.

Ramjan Ali s/o Lt. Sk. Rahul Amin of Vill. Kismat Brahmangram, P.O. Kalyanpur, P.S.
Begaum, Dist. Howrah on 14.08.2005 at 11 AM, as stated by the RTI applicant
Sk.Mansur Ali.
-2The RTI applicant being the appellant in the 2nd appeal before this Commission
had further alleged that the group of persons who raided his house forcefully obtained his
signature on the bottom of a blank paper which was later on used as his declaration for
withdrawal of his complaint against those offenders.
Depending on this alleged incident of raid by a group of Armed Police Personnel
and some other persons Sk. Mansur Ali asked for certain other information like the names
of the police personnel with their designations etc. and names of the persons
accompanying them to his house on 14.08.2005, the Car No., name of the driver, name of
the owner of the car which was used by the persons conducting the alleged raid to his
house, the name of the person who paid for the hiring charge of the vehicle etc. Further
to that, he asked for an authenticated xerox copy of the so called declaration sheet
prepared in the Kolaghat P.S. in the hand writing of Ramjan Ali on 14.08.2005 in respect
of the murder case of his daughter Mamtaj Begum and also asked for the name and
designation of the Duty Officer and the I.C. or O.C. of Kolaghat P.S. as on 14.08.2005
under whose order / guidance / knowledge, team of police personnel and other miscreants
had allegedly raided his house on 14.08.2008.
The RTI application ultimately landed in the office of the Superintendent of
Police , Purba Medinipur through the S.P. Howrah and D.I.G. Midnapur Range. The
Superintendent of Police, Purba Medinipur by his letter No. 3081 dtd. 29.12.2010
informed Sk. Mansur Ali that on the basis of his complaint dtd. 11.10.2011, thereby
meaning the RTI application of Sk. Mansur Ali, a specific case had been started at
Kolaghat P.S. being Kolaghat P.S. Case No. 135/09 dtd. 22.06.2009 u/s 498A/302/34 IPC
against one Saiful Hossain and 5 other accused persons who were specifically named in
that letter with address against three of their names. The letter also informed that one FIR
named accused persons had been arrested in that case and the remaining accused persons
had obtained bail from Honble High Court, Calcutta.

The Superintendent of Police, Purba Medinipur also informed Sk. Mansur Ali that
the investigation in that case was in progress and S.I. B.N. Chowdhury being the
Investigation Officer Sk. Mansur Ali could access any further information as to the
progress of the investigation in that case by directly contacting the I.O.
-3On being aggrieved, Sk. Mansur Ali submitted his 1st appeal dtd. 08.12.2010
addressed to the I.G.P. (Headquarter) and Appellate Authority, West Bengal Police
Directorate, complaining that he had not been supplied the requisite information as were
asked for by him.
The 1st appeal petition of Sk. Mansur Ali was forwarded to the D.I.G., Midnapur
Range by the I.G.P. (O), W. B. & Appellate Authority, West Bengal Police Directorate
under his letter No. 6721 dtd. 16.12.2010 for necessary action and disposal by him in the
capacity of Appellate Authority in his region.
D.I.G., Midnapur Range in his turn forwarded the matter to the S.D.P.O., Tamluk
& S.P.I.O, under his letter No. 1225 dtd. 27.12.2010 requesting for necessary action and
for onward transmission of his report early.
On being further aggrieved, Sk. Mansur Ali submitted his 2 nd appeal before this
Commission on 03.03.2011.
Decision
Against the above backdrop the matter of 2 nd. Appeal of Sk. Mansur Ali of Vill. &
P.O. Ramchandrapur, Bagnan, Howrah 711 303 is taken up today for a hearing and
decision.
Sk. Mansur Ali, the Appellant is absent without any written information. Shri
Parijat Biswas, WBPS, SDPO, Tamluk, Purba Medinipur is present on behalf of
Superintendent of Police, Purba Medinipur without, however, any appropriate letter of
authority from the S.P.
[

The Superintendent of Police, Purba Medinipur also appears not to have

conveyed any written intimation or prayer for leave of absence either through the

S.D.P.O., Tamluk or by any other means though he was summoned by the Commission
by written Notice to remain present at the time of the hearing.
The Commission finds this gesture of the Superintendent of Police, Purba
Medinipur not to be in good taste or consistent with the norms of official decorum. The
Commission has viewed this conduct of a very senior police personnel working in the
-4capacity of Superintendent of Police of a district seriously. Being the first offence the
Commission conveys its displeasure with caution that recurrence of such improper
conduct may attract stringent action in future.
The Commission is constrained to observe that the reply sent to the RTI applicant
vide letter No. 3081 dtd. 29.12.2010 was in essence a misleading information, not being
at all addressed to the queries of the RTI applicant and containing irrelevant information
which were not asked for by Sk. Mansur Ali.
The language of the letter was also confusing and grossly misconceived in the
sense that no Police Case u/s 498A/302/34 IPC could be started as Case No. 135/09 dtd.
22.06.2009 in the Kolaghat P.S. on the basis of a RTI application dtd. 11.10.2010! While
replying, a senior police official, be it the Superintendent of Police himself or any other
police officer on his behalf should be careful about what he is writing and what meaning
it is liable to carry.
At the time of hearing the SDPO, Tamluk submits a letter bearing No. 3120 dtd.
14.11.2011 containing a good many enclosures which are claimed to have been sent to
the RTI applicant / appellant in response to his RTI application. It appears that the
enclosures are mainly letters exchanged between the S.D.P.O., Tamluk and
Superintendent of Police, Purba Medinipur, S.D.P.O., Tamluk & D.I.G. of Police,
Midnapur Range and letters written by SDPO, Tamluk informing the RTI applicant that
requisite information had been furnished to him. However, it appears that copies of these
letters claimed to have been conveyed to Sk. Mansur Ali , the appellant / RTI applicant
were rather uncalled for and were not necessary, as none of these so called information
actually addressed the queries of the RTI applicant as contained in his RTI application.

The Commission is further constrained to observe that the mode of disposal of the
RTI application of Sk. Mansur Ali by the Police Authority of Purba Medinipur starting
from the S.P. to the S.D.P.O., Tamluk was extremely in bad shape , mostly because of
lack of awareness about the provisions of RTI Act, 2005.
So, finally it is ordered that S.D.P.O., Tamluk shall immediately send point wise
specific replies to the queries made by Sk. Mansur Ali in his RTI application dtd.
11.10.2010 within 15 days from the date of the order under intimation to this
-5Commission as per provision of the RTI Act, 2005 conveying information which are
liable to be disclosed and declining to disclose information which are not liable with
proper justification and reason. He shall also inform the RTI applicant the name and
address of the 1st Appellate Authority who may be approached in case the RTI applicant is
aggrieved.
The Superintendent of Police, Purba Medinipur is advised to arrange for holding a
training programme early for the police officials of his district who are presently handling
RTI applications and also for them who are likely to handle the RTI applications in
future.
Thus, the matter of 2nd appeal filed by Sk. Mansur Ali is finally disposed of.
Let copies of this order be forwarded to all concerned for information and
necessary action.
Sd/Date: 17.11.2011

( Sujit Kumar Sarkar )

State Chief Information Commissioner, W.B.

No. 2831 /1 (3)-(Order)-WBIC/RTI/ 805/11

Date: 22.11.2011

Authenticated true copy forwarded to:

1. Sk. Mansur Ali, Vill. & P.O. Ramchandrapur, P.S. Bagnan, Dist. Howrah, PIN
711 303
2. The Sub- Divisional Police Officer, Tamluk & State Public Information Officer,
Tamluk Sub-Division, Dist. Purba Medinipur
3. The Superintendent of Police, Purba Medinipur, P.O. Tamluk, Dist. Purba
Medinipur, PIN 721 636

Secretary
West Bengal Information Commission