Central Information Commission
Mr.Raj Kumar vs Ministry Of Agriculture on 14 July, 2011
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//2011/000303
Name of Complainant : Mr. Raj Kumar
Name of Respondent : Directorate of Plant Protection Quarantine
and Storage, Faridabad..
ORDER
The Commission has received a complaint dated 22.3.2011 from Mr. Raj Kumar u/s 18 of the RTI Act, 2005, against the Directorate of Plant Protection Quarantine and Storage for deemed refusal to his RTI request dated 14.1.2011.
2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI Act, viz., complaints and appeals, this case is remitted to CPIO, Directorate of Plant Protection Quarantine and Storage, Faridabad (along with copy of appeal and RTI-request), with the following directions:
(i) In case no reply has been given by CPIO to the Complainant to his RTI-
request dated 14.1.2011 CPIO should furnish a reply to the Complainant within two weeks of receipt of this order.
(ii) In case CPIO has already given a reply to the Complainant in the matter, he should furnish a copy of his 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.
3. In case the Complainant is not satisfied with the reply received from CPIO, he, under section 19(1) of the RTI Act, may within the time prescribed, file his first-appeal before the Appellate Authority (AA).
4. On receipt of the first appeal from the petitioner as per the above directions, AA should dispose of the appeal within the period stipulated in the RTI Act.
5. In case the Complainant is not satisfied with the decision of First Appellate Authority, he is at liberty to file a second appeal afresh before the Commission, under section 19(3), along with appeal u/s 18, if any, within the prescribed time limit.
CIC/SS/C/2011/000303 The appeal is disposed of with above directions.
Sd/-
(Sushma Singh) Information Commissioner 14.7.2011 Authenticated true copy:
(K.K. Sharma) OSD & Dy. Registrar Copy to:
1. Mr. Raj kumar, House No.10, Street No.1, Harijan Colony, Burari, Delhi - 110084.
2. The C.P.I.O., Directorate of Plant Protection Quarantine and Storage, NH-IV, Faridabad-121001.
Haryana.