Rs 10K penalty on Sec 49 SHO for not issuing DDR copy

The Chief Commissioner, Chandigarh Right to Service Commission, Mahavir Singh, has imposed a penalty of Rs 10,000 on the SHO of the Sector 49 police station for not issuing a copy of DDR to the petitioner, thus not providing service under the Right to Service Act.

Navjot Lehal (on April 1, 2025) had requested the SHO-cum-Investigating Officer for a copy of the DDR dated November 6, 2024, whereby Section 467, 468 and 471 of the IPC were added to an FIR of 2018. Gurmukh Singh Lehal, father of the petitioner, was the complainant. However, the petitioner was substituted as the complainant in the case.

As per notification issued under Right to Service Act on March 8, 2022, the document sought by the petitioner was to be provided by the SHO within an hour. However, the SHO did not take any action on her request.

The petitioner preferred first appeal before the SDPO (South)-cum-First Appellate Authority on April 2. The SDPO disposed of the appeal the same day stating that a copy of the DDR cannot be provided as the complainant may pressurise the investigation officer and hamper the investigation. As the case is still under investigation and as and when supplementary challan will be submitted in due course, the copy will be provided to the complainant/applicant accordingly, said the authority.

An April 7, the petitioner made a second appeal before the SSP-cum-Second Appellate Authority. The SSP dismissed the second appeal of the petitioner on April 11.

She filed a revision petition to the Chandigarh Right to Service Commission on April 15 and the Commission sought the para-wise comments from the SSP.

After a perusal of the facts of the petition, the Chief Commissioner directed the SHO and the petitioner to appear before the Commission on May 14.

Petitioner Navjot and Inspector Om Parkash were present before the commission on May 14. The SHO submitted his statement, which contained the same facts as were mentioned in the orders of the first and second appellate authorities.

“The Designated Officer did not pay any heed to the request of the petitioner. Neither the service was provided nor any order rejecting the request of petitioner passed by him. Further, the First Appellate Authority did not apply his mind and blindly accepted this flawed interpretation of law by the Designated Officer and passed order which is devoid of any merit,” stated the Commission.

In view of the facts and circumstances of the case, the Commission said it is of the considered view that the Designated Officer has failed to provide the service to the petitioner as per the provisions of the Right to Service Act, which clearly smacks of dereliction of duty whereby he deliberately created obstacles and denied service to the petitioner.

The Chief Commissioner held Inspector Om Parkash guilty of not complying with the provisions of the Right to Service Act as he intentionally did not take any action on the request of the petitioner and thus, failed to provide the service to her within the stipulated time limit. To meet with the requirements of justice, a penalty of Rs 10,000 has been imposed on him, said the commission.

The Commission also directed the Senior Superintendent of Police to ensure installation of boards displaying the notified public services, official e-mail IDs of the designated officers, first and second appellate authorities and uploading the same on the website of the Police Department.