Central Information Commission
Mr.B Bharathi vs Ut Of Pondicherry on 31 October, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/C/2012/000886
Dated: 31.10.2012
Name of Complainant : Mr. B. Bharathi
Name of Respondent : O/o the Director of Higher and
Technical Education,
Government of Puducherry.
ORDER
The Commission has received a petition dated 7.9.2012 from Mr. B. Bharathi against the O/o the Director of Higher and Technical Education, Government of Puducherry for deemed refusal to his RTI request dated 27.8.2012.
2. In order to avoid multiple proceedings under sections 18 and 19 of the RTI Act, viz., complaints and appeals, this case is remitted to CPIO, O/o the Director of Higher and Technical Education, Government of Puducherry, (along with copy of appeal and RTI- request), with the following directions:
(i) In case no reply has been given by CPIO to the Complainant to his RTI-
request dated 27.8.2012, CPIO should furnish a reply to the Complainant within two weeks of receipt of this order.
(ii) In case CPIO has already given a reply to the Complainant in the matter, he should furnish a copy of his reply to the Complainant within one week of receipt of this order.
(iii) CPIO should invariably indicate to the Complainant the name and address of the 1st Appellate Authority, before whom the Complainant can file first- appeal, if any.
3. In case the Complainant is not satisfied with the reply received from CPIO, he, under section 19(1) of the RTI Act, may within the time prescribed, file his first-appeal before the Appellate Authority (AA).
4. On receipt of the first appeal from the petitioner as per the above directions, AA should dispose of the appeal within the period stipulated in the RTI Act.
5. In case the Complainant is not satisfied with the decision of First Appellate Authority, he is at liberty to file a second appeal afresh before the Commission, under section 19(3), along with appeal u/s 18, if any, within the prescribed time limit.
No. CIC/SS/C/2012/000886 The petition is disposed of with above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh) Dy. Registrar Copy to:
1. Mr. B. Bharathi, 57, Kavi Kuil Street, Ashok Nagar, Lawspet, Pondicherry-605008.
2. The C.P.I.O., O/o the Director of Higher and Technical Education, Government of Puducherry, Pipmate Complex, Lawspet, Puducherry - 605008.
3. The First Appellate Authority, O/o the Director of Higher and Technical Education, Government of Puducherry, Pipmate Complex, Lawspet, Puducherry - 605008.