Central Information Commission
Mr.Kanodia Om Prakash vs Agricultural And Processed Food ... on 4 January, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/001964
Dated: 04.01.2013
Name of Appellant : Shri Kanodia Om Prakash
Name of Respondent : Ministry of Commerce & Industry,
Department of Commerce
Date of Hearing : 11.12.2012
ORDER
Shri Kanodia Om Prakash, hereinafter called the appellant, has filed the present appeal dated 9.4.2012 before the Commission against the respondent Ministry of Commerce & Industry, Department of Commerce for not providing information in reply to his RTI-application dated 2.1.2012. The appellant was absent whereas the respondent were represented by Shri Ajit B. Chavan, Deputy Secretary & CPIO, Shri Ajit Kumar, Section Officer, Shri S.S. Nayyar, GM, APEDA and Shri V.K. Vidyarthi, DGM, APEDA.
2. The appellant through RTI application dated 2.1.2012 sought information on thirteen queries on miscellaneous issues in respect of the Agricultural and Processed Food Products Export Development Authority (APEDA). The respondent state that appellant's RTI application dated 2.1.2012 was transferred by the CPIO, Department of Commerce vide letter No. 16/2/2011-EP (Agri.IV) dated 16.1.2012 to the Chairman, APEDA, New Delhi for furnishing requisite information directly to the appellant. The CPIO, APEDA has thereafter vide letter 2 Case No. CIC/SS/A/2012/001964 No. APEDA/RTI/ACT/301/2011-12/06081 dated 13.2.2012 provided requisite point-wise information to the appellant.
3. In his second appeal filed before the Commission, the appellant alleges delay on the part of the APEDA in furnishing reply to him. However, the Commission notes that the CPIO, APEDA has replied to the appellant within the time frame permissible under the RTI Act. The appellant has, along with his second appeal submitted a copy of first appeal dated 5.3.2012 filed before the FAA, APEDA. However, the respondent state that no such first appeal has been received by them from the appellant.
4. The matter is remitted back to the FAA, APEDA along with a copy of the first appeal with directions to pass a speaking order on appellant's first appeal dated 5.3.2012 within four weeks of receipt of this order. In case the appellant still not satisfied with the decision of the FAA, he may, if he so desires file second appeal afresh before the Commission.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 3 Case No. CIC/SS/A/2012/001964 Address of the parties:
Shri Kanodia Om Prakash, Pradeshik Mahila Bal Samaj Kalyan Assocaition, C-119/120, Bhaleswa (Jheel) Dairy, Delhi-110042.
The CPIO, Ministry of Commerce & Industry, Department of Commerce, Udyog Bhavan, New Delhi.
The CPIO, Agricultural and Processed Food Products Export Development Authority (APEDA), 3rd Floor, NCUI Building, 3, Siri Institutional Area, August Kranti Marg (Opp. Asiad Village), New Delhi-110016. [Along with copy of first appeal dated 5.3.2012] The First Appellate Authority, Agricultural and Processed Food Products Export Development Authority (APEDA), 3rd Floor, NCUI Building, 3, Siri Institutional Area, August Kranti Marg (Opp. Asiad Village), New Delhi-110016.