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[Cites 4, Cited by 1]

Central Information Commission

Ms. Neeru Sharma vs National Human Rights Commission on 23 December, 2011

             Central Information Commission
                       2nd Floor, August Kranti Bhawan,
                   Bhikaji Cama Place, New Delhi - 110 066
                            Website: www.cic.gov.in

                                               Case No. CIC/SS/A/2011/001608
                                                          December 23, 2011

Name of Appellant                  :      Ms. Neeru Sharma
Name of Respondent                 :      NHRC

                                       ORDER

The Commission has received an appeal dated 26.11.2010 from Ms. Neeru Sharma, Delhi, u/s 18 of the RTI Act, 2005, against CPIO/AA National Human Rights Commission, Delhi, stating that the first-appellate authority has not decided his first appeal dated 113.10.10 pertaining to his RTI request dated 23.8.2010.

2. Perused the documents submitted by the appellant. It is observed that appellant's RTI request dated 23.8.10 was replied to by the PIO NHRC vide letter No.16(1)/PIO/2005/RT/3874 dated 13.9.2010 and 30.9.2010.

3. The appellant filed her first appeal dated 13.10.10 before appellate authority NHRC, Delhi, which was not decided by AA.

4. In order to avoid multiple proceedings under section 18 & 19 of the RTI Act, viz., appeals and complaints, the matter is remitted to AA, NHRC, Delhi, along with a copy of complaint, with the following directions:

i) In case the first appeal dated 13.10.2010 has not been disposed of by AA, he should dispose of the first appeal by passing a speaking order, after hearing the parties in the matter, within two weeks of receipt of this order.
ii) In case AA has already disposed of the first-appeal, he should furnish a copy of his order to the appellant within one week of receipt of this order.

5. In case the Appellant is not satisfied with the decision of First Appellate Authority, she 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 Appeal is disposed of with above directions.

(Sushma Singh) Information Commissioner 23.12.2011 Authenticated true copy:

( D. C. Singh ) Deputy Registrar To:
1. Public Information Officer, National Human Rights Commission Faridkot House, Copericus Marg New Delhi 110001.
2. The Appellate Authority National Human Rights Commission Faridkot House, Copericus Marg New Delhi 110001.
3. Ms. Neeru Sharma C/o Pratidhi, Room No. 40 Shakarpur Police Station Complex, Pusa Road, Ramesh Park, Delhi-110092.