Central Information Commission
Mr.Deb Kumar Bera vs Department Of Posts on 5 August, 2013
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26101592
File No. CIC/BS/C/2012/000369/3170
August 05, 2013
COMPLAINT REMITTED TO : Fist Appellate Authority
Department of Posts
Through the CPIO & Supdt. of Post Offices
Contai Division, Contai-721401
Complainant : Mr. Debkumar Bera
PPO No. CA 55673 (P-722/2008-09),
Vill-Athilagori, PO-Contai,
Dist-Purba Medinipur,
WB, Pin-721401
Public Information Officer : CPIO & Supdt. of Post Offices
Department of Posts
Contai Division, Contai-721401
Facts arising from the Complaint:
The Complainant has filed RTI application with the PIO 19/03/2012 asking for certain information. He received a reply from PIO on 19/04/2012, which he found unsatisfactory. The Complainant thereafter directly filed a Complaint with the Commission on 15/05/2012 under Section 18 of the RTI Act, received on 24/05/2012.
The Commission is therefore instituting an enquiry as per the provision of Section 18(2) of the RTI Act.
Upon perusal of the complaint, the Commission has observed that the Complainant did not utilize the channel of the First Appellate Authority-as prescribed under Section 19(1) of the RTI Act and consequently, the First Appellate Authority (FAA) has not had the opportunity to review the PIO's decision as envisaged under the RTI Act 2005.
Decision Notice:
In view of the aforesaid, the instant mater is now remitted to the FAA to treat the copy of the Complaint (enclosed herewith) as the First Appeal and decide the matter without further loss of time in accordance with the provisions of the RTI Act after perusing the relevant documents and giving all concerned parties an opportunity to be heard.Page 1 of 2
The FAA should examine, whether the information provided by the PIO is complete, relevant and correct. Where the FAA is satisfied that the information provided by the PIO is as per the records, the First Appeal shall be disposed of. The Commission may be intimated of the same.
In the event, there are any deficiencies in the information provided by the PIO, the FAA may direct the PIO appropriately, with a copy to the Commission.
Further, if the Complainant is not satisfied with the orders of the FAA, he will be free to move a Second Appeal before the Commission under Section 19(3) of the RTI Act.
The Complaint is disposed of accordingly.
Notice of this decision be given free of cost to the parties.
Basant Seth Information Commissioner Authenticated true copy:
(A.K.Jha) Deputy Secretary and Deputy Registrar Enclosed: Copy of Complaint received on 24/05/2012 Copy of CPIO reply dated 19/04/2012 Copy of RTI application dated 19/03/2012 Page 2 of 2