Central Information Commission
Dr.S S Bhatnagar vs Ministry Of Agriculture on 11 November, 2011
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Web: www.cic.gov.in Tel No: 26161997
Case No. CIC/SS/C/2011/000679
Name of Complainant : Dr. S. S. Bhatnagar
Name of Respondent : Directorate Plant Protection Quarantine
& Storage
Ministry of Agriculture
ORDER
The Commission has received a complaint dated 22.8.2011 from Dr. S. S. Bhatnagar u/s 18 of the RTI Act, 2005, against Directorate Plant Protection Quarantine & Storage, Ministry of Agriculture for deemed refusal to his RTI request dated 4.5.2011 and first appeal dated 20.6.2011.
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, Directorate Plant Protection Quarantine & Storage, Faridabad (along with 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 4.5.2011, 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/2011/000679
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 complaint u/s 18, if any, within the prescribed time limit.
The complaint is disposed of with above directions.
Sd/-
(Sushma Singh) Information Commissioner 11.11.2011 Authenticated true copy:
(K.K. Sharma) OSD & Dy. Registrar Copy to:
1. Dr. S.S. Bhatnagar, 171382/SN/1/2, M.N.R. Colony, Balaji Nagar, Saidabad, Hyderabad - 500059.
A.P.
2. The C.P.I.O.
Directorate Plant Protection Quarantine & Storage, Ministry of Agriculture, Deptt. of Agriculture & Coop., N.H.I.V., Faridabad-121001, Haryana.
3. The First Appellate Authority, Directorate Plant Protection Quarantine & Storage, Ministry of Agriculture, Deptt. of Agriculture & Coop., N.H.I.V., Faridabad-121001, Haryana.