Pramod Kumar Choudhary v. New Delhi Municipal Council & ORS.

$~65 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 962/2026 & CM APPL. 4657/2026 PRAMOD KUMAR CHOUDHARY .....Petitioner Through:

Mr. Prashant, Advocate. (Through video-conferencing).

Mr. Fouaad Siddiqui, Mr. Pranav Raj Singh and Mr. Anant Attri, Advocates along with Petitioner in person.

versus NEW DELHI MUNICIPAL COUNCIL & ORS.

.....Respondents Through:

Mr. Saurabh Seth, Standing Counsel and Mr.

Kabir Dev, Advocate.

(Through video-conferencing)

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 22.01.2026 1.

The present petition has been filed seeking a direction to the respondents to trace the complete official file and records relating to FIR no. 380/2014, registered at P.S.: Ranjit Nagar, on the basis of respondent NDMC's complaint against RLKC Metro Hospital. 2.

The petitioner further seeks an investigation and initiation of department and disciplinary proceedings against the officials of the respondent no.1/NDMC including the Director Welfare (NDMC) at the relevant point of time, for having misplaced the records. 3.

On the basis of the complaint of the respondent/NDMC, the aforesaid FIR was registered in 2014, against RLKC Metro Hospital. 4.

The Police filed a cancellation report on 7th April, 2016, which was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

accepted by the ACMM, West District, Tis Hazari Courts, and the FIR No.380/2014 stood closed.

5.

Subsequently, the petitioner has also filed an FIR No.328/2017 against the said Hospital, which is pending investigation. 6.

It is the case of the petitioner that, despite repeated efforts, the official file and records relating to the FIR No.380/2014 could not traced by the respondent no.1/NDMC. The petitioner has relied upon proceedings initiated under the Right to Information Act, 2005, wherein NDMC has stated that the relevant records were not available.

7.

Mr. Saurabh Seth, counsel appearing on behalf of the respondent no.1/NDMC, has drawn the attention of this Court to the order passed by the Central Information Commission (hereinafter 'CIC') on 25th August 2023, in an appeal filed by the petitioner herein under the provisions of the RTI Act. 8.

The said appeal was disposed of, by the CIC in the following terms:- "Keeping in view the facts of the case and the submissions made by both the parties and after perusal of the documents available on record, the Commission directs the respondents to thoroughly search the information sought by the appellant and furnish the appellant correct and complete information within a period of 20 days from the date of receipt of this order under the intimation to the Commission.

If the respondent is unable to find the information even after the thorough search then the CPIO is directed to issue a notarised affidavit to the appellant with a copy to the Commission stating the reasons for the denial of the information. The respondent will be open to the charge of perjury and contempt of the Court from the appellant if he furnishes a false affidavit." 9.

Pertinently, the aforesaid order of the CIC has not been challenged by the petitioner.

10.

Pursuant to the aforesaid order, an affidavit was filed by the respondent no.1/NDMC before the CIC stating that the available The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

records/documents have been shown to the petitioner and there is no further record available for inspection with respondent no.1/NDMC. 11.

In light of the aforesaid order passed by CIC and the compliance affidavit filed by the respondent/NDMC, no further direction can be issued to the respondent no.1/NDMC to trace and recover the aforesaid records. 12.

Taking into account the time period that has elapsed, this Court is not inclined to order any disciplinary inquiry against the officials of the respondent/NDMC. In any event, the petitioner has failed to implead the officials against whom he seeks an inquiry.

13.

In view thereof, I do not find merit in the present petition and the same is dismissed.

14.

Pending application also stands disposed of.

AMIT BANSAL, J JANUARY 22, 2026 at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.