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[Cites 5, Cited by 10]

Central Information Commission

Mr.Girish Bhushan Goyal vs Bhel on 5 June, 2012

                         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/C/2012/000147
                                                                Dated: 5.6.2012

Name of Complainant                :      Mr. Girish Bhushan Goyal

Name of Respondent                 :      Bharat Heavy Electrical Ltd.

                                       ORDER

The Commission has received a petition dated 22.10.2011 from Mr. Girish Bhushan Goyal against the Bharat Heavy Electrical Ltd. for deemed refusal to his RTI request dated 12.7.2011 and first appeal dated 30.8.2011.

2. In order to avoid multiple proceedings under sections 18 and 19 of the RTI Act, viz., complaints and appeals, this case is remitted to CPIO, Bharat Heavy Electrical Ltd., New Delhi (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 12.7.2011, 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).

Case No. CIC/SS/C/2011/000147

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.

The appeal is disposed of with above directions.

(Sushma Singh) Information Commissioner Authenticated true copy:

(D.C. Singh) Deputy Registrar Copy to:
1. Mr. Girish Bhushn Goyal, T-90, Shivalik Nagar, BHEL, Ranipur - 248403, Distt. Haridwar.
2. The C.P.I.O., Bharat Heavy Electrical Ltd., BHEL House, Asiad Village, Siri Fort, New Delhi - 110049.
3. The First Appellate Authority, Bharat Heavy Electrical Ltd., BHEL House, Asiad Village, Siri Fort, New Delhi - 110049.

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