Central Information Commission
Mr.Kanodia O P vs Ministry Of Commerce And Industry on 30 November, 2012
Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
No.CIC/SS/A/2012/002251
Dated, the 30th November, 2012
Name of appellant : Kanodia, O.P
Name of respondent : Ministry of Commerce [APEDA].
O R D E R The Commission has received an appeal dated 29.8.2012 from Shri O.P. Kanodia u/s 19 of the RTI Act, 2005, against APEDA, Delhi, stating that the CPIO/AA have not furnished information to his RTI application dated 24.9.09 and first appeal dated 7.12.2009.
2. In order to avoid multiple proceedings u/s 18 & 19 of the RTI Act, the case is remitted to CPIO APEDA, New Delhi, along with a copy of RTI request, with the following directions :
(i) In case no reply has been given by CPIO to the appellant to his RTI request dated 24.9.09, he should furnish a reply to the appellant within two weeks of receipt of this order.
(ii) In case the CPIO has already given a reply to the appellant in the matter, he should furnish a copy of his reply to the appellant within one week of receipt of this order.
(iii) CPIO should invariably indicate to the appellant the name and address of the first appellate authority before whom the appellant can file first appeal, if any.
3. In case the appellant is not satisfied with the reply received from the CPIO, he is at liberty to file a first appeal before the appellate authority u/s 19(1) of the RTI Act within the time prescribed.
4. On receipt of the first appeal from the petitioner, as per above directions, appellate authority should dispose of the appeal within the period stipulated in the RTI Act.
5. In case the appellant is not satisfied with the decision of first appellate authority, he is at liberty to file a second appeal afresh before the Commission u/s 19(3), along with complaint u/s 18, if any.
The appeal is disposed of with above direction.
( Sushma Singh ) Information Commissioner 30.11.2012 Authenticated true copy:
( D. C. Singh ) Deputy Registrar To:
1. Shri Kanodia Omprakash 3503, Gyan Shakti Apartment Sector 6, Dwarka, New Delhi - 110075.
2. General Manager (Admn) & Public Information Officer Agricultural & Processed Food Products Export Development Authority, APEDA, NCUI Building 3, Siri Institutinoal Area August Kranti Marg, New Delhi - 16.
3. Director & Appellate Authority Agricultural & Processed Food Products Export Development Authority, APEDA, NCUI Building 3, Siri Institutinoal Area August Kranti Marg, New Delhi - 16.