Central Information Commission
Mr.Jagadish Kumar vs Mcd, Gnct Delhi on 5 July, 2013
CENTRAL INFORMATION COMMISSION
Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
website:cic.gov.in
No. : CIC/DS/A/2013/000049
Date : July 05, 2013.
Appellant : Shri Jagdish Kumar, Dilshad Garden (Delhi).
Public Authority : North Delhi Municipal Corporation (HQ), New Delhi.
ORDER
The Commission has received an Appeal petition, dated 02/01/2013 (Diary No:100308/2013) from Shri Jagdish Kumar, Dilshad Garden (Delhi) in respect of his/her RTI-application on 21/08/2012 filed with the PIO, ADC (Engineering) (HQ), North Delhi Municipal Corporation, Civic Centre, New Delhi.
2. On Perusal of the papers submitted by the Appellant, it is observed that Appellant's RTI-request was replied to by the PIO, letter No.:HC/RTI/Engg./HQ/NDMC/347, dated 19/09/2012.
3. The Appellant preferred his/her first-appeal on 21/09/2012 before the First Appellate Authority, which has not been decided by FAA (Copy of First Appeal is enclosed).
4. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act, viz.
appeals and complaints, the matter is remanded back to the First Appellate Authority, with the following directions:
i. In case, the first appeal dated 21/09/2012 has not been disposed of by FAA, he should dispose of the first appeal by passing a speaking order in the matter, within 2 weeks of receipt of this order.
ii. In case, FAA has already disposed of the first-appeal, he should furnish a copy of his order to the Appellant within one (1) week of receipt of this order.
5. In case, the Appellant 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 under section18, if any, within the prescribed time limit.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Copy to:-
Shri Jagdish Kumar First Appellate Authority under RTI House No. : 548, Additional Deputy Commissioner (H.Q.), Village - Tahir Pur Sarai, Engineering Department / Headquarters, Dilshad Garden, North Delhi Municipal Corporation, Delhi-110095. 9th Floor, Dr. S. P. M. Civic Centre, Minto Road, New Delhi-110002.
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