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Central Information Commission

Mr.Neeraj Bansal vs Ministry Of Human Resource Development on 22 November, 2011

                   CENTRAL INFORMATION COMMISSION
                     Room No.307, 2nd Floor, B-Wing, August Kranti Bhawan,
                           Bhikaji Cama Place, New Delhi-110066.
                                   Telefax : 011-26180532.
                                       Website : cic.gov.in

                                                                    Date : 22.11.2011


                           Complaint No. : CIC/DS/C/2011/000692

Complainant                   :      Shri Neeraj Bansal, Delhi
Public Authority              :      IGNCA, New Delhi


                                           ORDER

The Commission has received a complaint petition, dated 22.08.2010(Diary No.:60717) from Shri Neeraj Bansal, Delhi stating that his/her RTI-application dated 23.12.2009 filed with the CPIO, Indira Gandhi National Center for Arts, New Delhi has not been replied by the concerned CPIO (copy of the RTI Application enclosed).

2. The matter is remanded back to the concerned CPIO with the following directions:

i. In case, no reply has been given by CPIO to the complainant to his/her RTI request, the CPIO should furnish a reply to the complainant within two weeks of receipt of this order.
ii. In case, CPIO has already given reply to the complainant in the matter, he/she should furnish a copy of his/her 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. A copy of CPIO's reply will be endorsed to the Commission clearly indicating the case number and reason for delay, if any, in providing information.

3. The CPIO is also directed to show cause as to why a penalty should not be imposed on him for not providing the information within the stipulated time frame mentioned under the RTI Act, 2005.

4. In case the complainant is not satisfied with the reply received from the CPIO, he/she, under section 19(1) of the RTI Act, may file first-appeal before the FAA within the time prescribed under the RTI Act.

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5. On receipt of the first appeal from the petitioner as per the above directions, FAA should dispose of the appeal within the period stipulated in the RTI Act.

6. In case complainant still feels aggrieved by the decision of FAA, he/she shall be free to approach the Commission in second appeal under section 19(3), along with complaint u/s 18, if any, within the prescribed time limit.

7. The replies / comments of the CPIO should reach in the Commission within ten (10) working days from the date of receipt of this notice.

(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:

(T. K. Mohapatra) D.S. & Dy. Registrar Copy to :-
1.  Shri Neeraj Bansal, C-338, Eastend Apartment, New Ashok Nagar, Mayur Vihar Phase-1 EXT.

Delhi-96

2. CPIO(Under RTI Act) Indira Gandhi National Center for Arts, Janpath, New Delhi-1 Page 2 Page 3