Central Information Commission
Mr.Dinesh Kumar Davku vs Ut Of Chandigarh on 14 January, 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
Complaint No. : CIC/DS/C/2010/000913
Date : January 14, 2011
Complainant : Shri Dinesh Kumar Davku, Chandigarh.
Public Authority : Chandigarh Administration, U.T. Chandigarh.
ORDER
The Commission has received a complaint petition, dated 11/05/2010 (Diary No.:33714/2010) from Shri Dinesh Kumar Davku in respect of his/her RTI-application on 27/01/2010 filed with the CPIO, Office of the Director Public Instruction (S), Chandigarh Administration, U.T. 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 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 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 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 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 will be endorsed to the Commission clearly indicating the case number and reason for delay, if any, in providing information.
3. In case the 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.
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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 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. Shri Dinesh Kumar Davku S/o. Shri P. C. Davku, House No.-3020, H. B. C. Dhanas, Chandigarh.
Contact Nos. : 098160 49651 / 096469 36343.
2. Central Public Information Officer Office of the Director Public Instruction (S), Chandigarh Administration, U.T. Chandigarh.
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