Central Information Commission
Mr. Kausik Ray vs Department Of Posts on 15 March, 2013
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26101592
File No. CIC/BS/C/2012/000030/2079
March 15, 2013
COMPLAINT REMITTED TO : First Appellate Authority
Department of Posts
Through CPIO, O/o Sr. Supdt. of Post Offices,
South Hooghly Division,
Serampore-712201(West Bengal)
Complainant : Mr. Kausik Ray (Office Assistant),
O/o the Sr. Supdt. of Post Offices,
South Hooghly Division,
Serampore-712201(West Bengal)
Public Information Officer : CPIO
Department of Posts
O/o the Sr. Supdt. of Post Offices,
South Hooghly Division,
Serampore-712201(West Bengal)
Facts arising from the Complaint:
The Complainant has filed a RTI application with the CPIO on 01/12/2011 asking for certain information related to O/o General Manager (PA&F), West Bengal Circle, Kolkata. On not having received any reply from the CPIO within the mandated time, he approached the Commission directly by filing a Complaint under Section 18 of the RTI Act on 19/01/2012 received on 07/02/2012.
The Commission is therefore instituting an enquiry as per the provision of Section 18(2) of the RTI Act.
Decision Notice:
Upon perusal of the Complaint, it has been observed that the Complainant did not utilize the channel of the First Appellate Authority-as prescribed under the RTI Act, hence the instant matter is now remitted to the FAA to treat the copy of the Complaint (enclosed herewith) as the First Appeal and decide the matter in accordance with the provisions of the RTI Act after perusing the relevant documents and giving all concerned parties an opportunity to be heard.
While deciding the matter, the FAA should examine, whether any information was provided by the PIO within the mandated period and if provided, whether it was complete, relevant and correct.Page 1 of 2
Where the FAA is satisfied that the information provided by the PIO is as per the records, the First Appeal shall be disposed of. The Commission may be intimated of the same.
In the event, no information has been provided or if there are any deficiencies in the information furnished by the PIO, the FAA shall direct the PIO accordingly, with a copy to the Commission.
Furthermore, if the Complainant is not satisfied with the orders of the FAA, he will be free to move a Second Appeal before the Commission under Section 19(3) of the RTI Act.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Basant Seth
Information Commissioner
Enclosed: Copy of Complaint received on 07/02/2012
Copy of RTI application dated 01/12/2011
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