Central Information Commission
Mr. Ex Sub Maj R C Thakur vs Central Administrative Tribunal on 1 February, 2011
CENTRAL INFORMATION COMMISSION
Room No.296, II Floor, B Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
Telefax:011-26180532 & 011-26107254
Website : cic.gov.in
Date : February 01, 2011
Appeal No. : CIC/WB/A/2010/000206-DS
Appellant : Ex Sub. Maj. R. C. Thakur, Kangra (H.P.).
Public Authority : Central Administrative Tribunal, Chandigarh.
ORDER
The Commission has received an appeal/complaint petition, dated 22/02/2010 (Diary No.:15312/2010) from Ex Sub. Major R. C. Thakur in respect of his/her RTI-application on 25/08/2009 filed with the CPIO, Office of the Vice Chairman, Central Administrative Tribunal, Chandigarh Bench, Chandigarh (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 properly 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 remitted to the CPIO with the following directions:
i. In case, no reply has been given by CPIO to the appellant / 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 appellant / 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 appellant / complainant the name and address of the 1st Appellate Authority, before whom the complainant can file first appeal, if any.
Page 1 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.
3. In case the appellant / 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.
4. 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.
5. In case the appellant / 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.
6. The matter is closed with above directions.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) U.S. & Dy. Registrar Tele. No. : 011-26105027 [email protected] Copy to :-
1. Ex Sub. Major R. C. Thakur Thakur Niwas, VPO - Jandpur, Tehsil - Baijnath, District - Kangra (Himachal Pradesh).
2. Central Public Information Officer Office of the Vice Chairman, Central Administrative Tribunal, Chandigarh Bench, Chandigarh.
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3. Appellate Authority under RTI Office of the Chairman, Central Administrative Tribunal, Chandigarh Bench, Chandigarh.
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