Central Information Commission
Mr.Jojo Jose vs Ministry Of Home Affairs on 23 October, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi-110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/C/2012/000744
Dated: 23.10.2012
Name of Complainant : Shri Jojo Jose
Name of Respondent : Ministry of Home Affairs
Freedom Fighters Division
ORDER
The Commission has received a petition on 5.7.2012 from Shri Jojo Jose against the Ministry of Home Affairs for deemed refusal to his RTI request dated 19.3.2012.
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, Ministry of Home Affairs, Freedom Fighters Division (along with copy of complaint 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 19.3.2012, 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).
Case No. CIC/SS/C/2012/000744
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 complaint u/s 18, if any, The petition is disposed of with above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh ) Deputy Registrar Copy to:
1. Mr. Jojo Jose, Advocate, JS Legal Associates, 109 & 110-BBC Complex, 150-Kiklokri, Opp. Maharani Bagh, New Delhi - 110014.
2. The C.P.I.O., Ministry of Home Affairs, Freedom Fighters Division, 1st Floor, Lok Nayak Bhawan, Khan Market, New Delhi - 110003.
3. The F.A.A., Ministry of Home Affairs, Freedom Fighters Division, 1st Floor, Lok Nayak Bhawan, Khan Market, New Delhi - 110003.