Central Information Commission
Mr.Sudhir Kumar vs Ministry Of Rural Development on 20 May, 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/A/2011/000096
Name of Appellant : Mr. Sudhir Kumar
Name of Respondent : Ministry of Rural Development
Council for Advancement of People's
Action and Rural Technology
ORDER
The Commission has received an appeal dated Nil from Mr. Sudhir Kumar u/s 18 of the RTI Act, 2005, against the Council for Advancement of People's Action and Rural Technology for deemed refusal to his RTI request dated 30.10.2010.
2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI Act, viz., appeals and complaints, this case is remitted to CPIO, Council for Advancement of People's Action and Rural Technology, Patna (along with copy of complaint and RTI-request), with the following directions:
(i) In case no reply has been given by CPIO to the Appellant to his RTI-request dated 30.10.2010, CPIO should furnish a reply to the Appellant within two weeks of receipt of this order.
(ii) In case CPIO has already given a reply to the Appellant in the matter, he should furnish a copy of his reply to the Appellant within one week of receipt of this order.
(iii) CPIO should invariably indicate to the Appellant the name and address of the 1st Appellate Authority, before whom the Appellant can file first-appeal, if any.
3. In case the Appellant 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/A/2011/000096
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 Appellant 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, within the prescribed time limit.
The complaint is disposed of with above directions.
Sd/-
(Sushma Singh) Information Commissioner 20.05.2011 Authenticated true copy:
(S.Padmanabha) Under Secretary & Deputy Registrar Copy to:
Mr. Sudhir Kumar, Village Padri, Distt. Sahrasa. Bihar - 852212.
2. The C.P.I.O., Dr. Dipankar Shri Gyan, Regional Representative & Member Convenor, Regional Committee, Council for Advancement of People's Action and Rural Technology, Biscomaun Tower, 5th Floor, West Gandhi Maidan, Patna-800001.