Central Information Commission
Mr.Raj Kumar Patial vs Cbec on 3 July, 2012
Central Information Commission
Room No. 305 BWing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Tel No: 26167931
Case No. CIC/SS/C/2012/000294
Dated: 3.07.2012
Name of Complainant : Mr. Raj Kumar Patial
Name of Respondent : Deputy Commissioner of Customs,
Ludhiana
ORDER
The Commission has received a petition dated 16.3.2012 from Mr. Raj Kumar Patial against the Deputy Commissioner of Customs for deemed refusal to his RTI request dated 21.10.2011 and first appeal dated 12.1.2012.
2. In order to avoid multiple proceedings under sections 18 and 19 of the RTI Act, viz., complaints and appeals, this case is remitted to CPIO, Deputy Commissioner of Customs, Ludhiana (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 21.10.2011, 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/2012/000294
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.
The petition is disposed of with above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh) Dy. Registrar Copy to:
1. Mr. Rj Kumar Patial, 4129-A, Sector-37-C, Chandigarh.
2. The C.P.I.O., Deputy Commissioner of Customs, PSWC Port, Customs Freight Station, Industrial Focal Point, Dhandari Kalan, Ludhiana.
3. The F.A.A., The Additional Commissioner of Customs, Customs Preventive Commissionerate, Customs House, The Mall, Amritsar.