Central Information Commission
Mr.Shashi Kumar vs Ministry Of Railways on 19 November, 2012
Central Information Commission
Room No. 296, August Kranti Bhavan
Bhikaji Cama Place
New Delhi - 110066
ORDER
F.No. CIC/AD/C/2012/001546 19 November, 2012 Complainant : Shri Shashi Kumar S/o Late Shri B.N.Poddar Station Road P.O Mahnar Vaishali 844 506 Bihar Respondents : The Public Information Officer O/o IG/RPSF cum Chairman, Central Recruitment Committee Railway Board New Delhi
1. The Commission has received a complaint dated 28.6.12 from Shri Shashi Kumar against the PIO, Railway Board under Section 18 (1) of the Right to Information Act, regarding deemed refusal of his RTIapplication dated 21.3.12.
2. In order to avoid multiple proceedings under section 18 and 19 of the RTI Act, viz., appeals and complaints, it is directed as follows:
i) Directions to PIO
a) In case no reply has been given by PIO to the complainant to his/her RTIapplication dated 21.3.12 the PIO should furnish a reply to the complainant within 1 week of receipt of this order.
b) In case PIO has already given a reply to the complainant in the matter, he/she should furnish a copy of his/her reply to the complainant within 1 week of receipt of this order.
c) PIO should invariably indicate to the complainant the name and the address of the 1 st Appellate Authority, before whom the complainant can file first appeal, if any.
ii) Directions to Complainant :
(a) If the complainant is aggrieved with the reply received from PIO, he/she under section 19(1) of the RTI Act, may within the time prescribed file his/her first appeal before the 1st Appellate Authority (AA), who would dispose of the appeal under the relevant provisions of RTI Act.
(b) If the complainant is still aggrieved with the decision of the AA, he/she may approach the Commission in 2nd appeal under section 19(3) along with the complaint u/s 18, if any, within the prescribed time limit.
3. The complaint is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Copy to:
1. Shri Shashi Kumar S/o Late Shri B.N.Poddar Station Road P.O Mahnar Vaishali 844 506 Bihar
2. The Public Information Officer O/o IG/RPSF cum Chairman, Central Recruitment Committee Railway Board New Delhi