Central Information Commission
Mr.Varun Rai vs Food Corporation Of India on 3 June, 2011
CENTRAL INFORMATION COMMISSION
Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
Telefax:011-26180532 & 011-26107254
Website : cic.gov.in
Date : June 03, 2011
Complaint No. : CIC/LS/C/2009/000186-DS
Complainant : Shri Varun Rai, New Delhi.
Public Authority : Industrial Finance Corporation of India Limited,
New Delhi.
ORDER
The Commission has received a complaint petition, dated 10/02/2009 (Diary No.:8689/2009) from Shri Varun Rai, in respect of his/her RTI-application on 26/08/2009 filed with the CPIO, IFCI Ltd., IFCI Tower, 61, Nehru Place, New Delhi-110019 (A Copy of RTI application is enclosed). Thereafter, the petitioner filed 1st Appeal before the First Appellate Authority of Public Authority. From the perusal of documents on record, it is seen that the same has not been adjudicated upon by the First Appellate Authority.
2. 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 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 st the 1 Appellate Authority, before whom the complainant can file first appeal, if any.
iv. 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.
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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 section 20 of the RTI Act, 2005.
4. In case the complainant is not satisfied with the reply received from the CPIO, he/she, under section 19(i) of the RTI Act, may file first-appeal before the FAA within the time prescribed under the RTI Act.
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.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) U.S. & Dy. Registrar [email protected] Copy to :-
1. Shri Varun Rai S/o. Shri Vinay Rai, 12, Aurangzeb Lane, New Delhi.
2. Central Public Information Officer Industrial Finance Corporation of India Ltd., IFCI Tower, 61, Nehru Place, New Delhi-110019.
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3. First Appellate Authority under RTI Industrial Finance Corporation of India Ltd., IFCI Tower, 61, Nehru Place, New Delhi-110019.
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