Central Information Commission
Mr.Rajesh Gupta vs National Highways Authority Of India ... on 15 December, 2010
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Central Information Commission
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Dated: 15.12.2010
Proceeding in Complaint No. CIC/AT/C/2010/001010 Present: Shri A.N. Tiwari,, Chief Information Commissioner Complainant: Shri Rajesh Gupta Respondents: National Highways Authority of India Shri Rajesh Gupta of Durgapur has filed this complaint dated 5.8.2010 before the Commission against National Highways Authority of India (NHAI), New Delhi for deemed refusal to his RTI-request dated 27.4.2010 and first-appeal dated 7.6.2010.
2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI Act, viz., appeals and complaints, the matter is remitted to CPIO, National Highways Authority of India, G-5 & 6, Sector-10, Dwarka, New Delhi-110075 (enclosing herewith copy of complaint 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 27.4.2010, 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.
(iv) A copy of CPIO's reply should also be endorsed to the Commission.
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 AA.
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 complainant still feels aggrieved by the decision of AA, he 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.
6. The matter is closed with the above directions.
Sd/-
(A.N. Tiwari) Chief Information Commissioner