Central Information Commission
Mr.H C Tiwari vs Ministry Of Human Resource Development on 19 April, 2012
CENTRAL INFORMATION COMMISSION
Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
Telefax:011-26180532 & 011-26107254
Website : cic.gov.in
Date : 19/04/2012.
Complaint No. : CIC/DS/C/2011/001245
Complainant : Shri H. C. Tewari, Pitampura (Delhi).
Public Authority : Dept. of School Education & Literacy (MoHRD), New Delhi.
ORDER
The Commission has received a Complaint petition, dated 20/03/2011 (Diary No:110849/2011) from Shri H. C. Tewari, Pitampura (Delhi) in respect of his/her RTI-application on 14/05/2010 filed with the CPIO, Department of School Education & Literacy (Ministry of Human Resource Development), Room No.-405-C, Shastri Bhawan, New Delhi-110001 which was later forwarded to the concerned CPIO of NCERT, New Delhi.
2. On Perusal of the papers submitted by the Complainant, it is observed that Complainant's RTI-request was replied to by the CPIO, letter No.:F.3- 3/DESM/2006-07/RTI, dated 23/06/2010.
3. The Complainant preferred his/her first-appeal on 23/12/2010 before the First Appellate Authority, which has not been decided by FAA (Copy of First Appeal is enclosed).
4. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act, viz.
appeals and complaints, the matter is remanded back to the First Appellate Authority, with the following directions:
i. In case, the first appeal dated 23/12/2010 has not been disposed of by FAA, he should dispose of the first appeal by passing a speaking order in the matter, within 2 weeks of receipt of this order.
ii. In case, FAA has already disposed of the first-appeal, he should furnish a copy of his order to the Appellant within one (1) week of receipt of this order.
Page 1 iii. A copy of First Appellate Authority order will be endorsed to the Commission clearly indicating the case number and reason for delay, if any, in providing information.
5. In case, the 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 under section18, if any, within the prescribed time limit.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Copy to :-
1. Shri H. C. Tewari C-4, Rangmahal Apartments, Saraswati Vihar, Pitampura, Delhi-110034.
2. Central Public Information Officer Head, DESM, National Council of Educational Research & Training, Sri Aurobindo Marg, New Delhi-110016.
3. First Appellate Authority under RTI Department of School Education & Literacy (Ministry of Human Resource Development), Room No.-405-C, Shastri Bhawan, New Delhi-110001.
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