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[Cites 5, Cited by 1]

Central Information Commission

Mr.Ramesh Chander Bawa vs Ministry Of Chemicals And Fertilizers on 22 September, 2011

                         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/2011/000516

Name of Complainant                :      Mr. Ramesh Chander Bawa,

Name of Respondent                 :      Ministry of Chemicals & Fertilizers

                                       ORDER

The Commission has received a complaint dated 3.8.2011 from Ramesh Chander Bawa u/s 18 of the RTI Act, 2005, against the Ministry of Chemicals & Fertilizers for deemed refusal to his RTI request dated 6.5.2011 and first appeal dated 21.6.2011.

2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI Act, viz., complaints and appeals, this case is remitted to CPIO, Ministry of Chemicals & Fertilizers, New Delhi (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 6.5.2011, 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/2011/000516

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.

The appeal is disposed of with above directions.

Sd/-

(Sushma Singh) Information Commissioner 22.9.2011 Authenticated true copy:

(K.K. Sharma) OSD & Dy. Registrar  Copy to:
1. Mr. Ramesh Chander Bawa, No.500, Sector - 8, Panchkula - 134109 (Haryana).
2. The C.P.I.O., Ministry of Chemicals & Fertilizers, Shastri Bhawan, New Delhi - 110001.
3. The First Appellate Authority, Ministry of Chemicals & Fertilizers, Shastri Bhawan, New Delhi - 110001.