Central Information Commission
Mr.D K Sharma vs Government Of Nct Of Delhi on 12 December, 2011
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F.No.CIC/AD/C/2011/001572 Dated : 12.12.2011.
Complainant : Shri D K Sharma
V 436, Street No. 28
Vijay Park
Shahdara
Delhi.
Respondents : The Public Information Officer
Sr.DCM DRM Office Northern Railway New Delhi.
Commission has received a complaint petition dated 14.8.11 from Shri D K Sharma against the PIO, Sr.DCM, DRM Office, Northern Railway, New Delhi under Section 18 of the Right to Information Act, regarding deemed refusal of his RTI request dated 14.5.11.
2. In order to avoid multiple proceedings under section 18 and 19 of the RTI Act, viz., appeals and complaints, it is directed as follows:
i) Directions to CPIO Sr.DCM, DRM Office, Northern Railway, New Delhi is directed as follows:
a) In case no reply has been given by CPIO to the complainant to her RTI request dated 14.5.11 CPIO should furnish a reply to the complainant within 1 week of receipt of this order.
b) 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 1 week of receipt of this order.
c) CPIO should invariably indicate to the complainant the name and the address of the 1st Appellate Authority, before whom the appellant can file first appeal, if any.
ii) Directions to Petitioner :
(a) If the complainant is aggrieved 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 1st AA, who would dispose of the appeal under the relevant provisions of RTI Act.
(b) If the complainant is still aggrieved with the decision of AA, he may approach the Commission in 2nd appeal under section 19(3) along with the complaint u/s 18, if any, within the prescribed time limit.
iii) Directions to AA : On receipt of the 1st appeal from the petitioner as per the above directions, AA should dispose of the appeal within the period stipulated in the RTI Act.
3. With the above directions, the matter is closed at the Commission's end.
4. Issued with the approval of Information Commissioner, Mrs. Annapurna Dixit.
(G.Subramanian) Deputy Registrar Copy to:
1. Shri D K Sharma V 436, Street No. 28 Vijay Park Shahdara Delhi.
2. The Public Information Officer Sr.DCM DRM Office Northern Railway New Delhi.
3. The Appellate Authority Sr.DCM DRM Office Northern Railway New Delhi.