Central Information Commission
Mr.Mahdender Agarwal vs Ministry Of Coal on 11 December, 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/A/2012/003558
Dated 11.12.2012
Name of Appellant : Mr. Mahender Agarwal
Name of Respondent : Ministry of Coal
ORDER
The Commission has received an appeal dated 5.10.2012 from Mr. Mahender Agarwal against Ministry of Coal for deemed refusal to his RTI request dated 11.6.2012 and first appeal dated 23.7.2012.
2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI Act, viz., appeals and complaints, this case is remitted to CPIO, Ministry of Coal, New Delhi (along with copy of complaint and RTI-request), with the following directions:
(i) In case no reply has been given by CPIO to the Appellant to his RTI-request dated 11.6.2012, CPIO should furnish a reply to the Appellant within two weeks of receipt of this order.
(ii) In case CPIO has already given a reply to the Appellant in the matter, he should furnish a copy of his reply to the Appellant within one week of receipt of this order.
(iii) CPIO should invariably indicate to the Appellant the name and address of the 1st Appellate Authority, before whom the Appellant can file first-appeal, if any.
3. In case the Appellant 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.
Case No. CIC/SS/A/2012/003558
5. In case the Appellant 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 complaint u/s 18, if any.
The appeal is disposed of with above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh) Dy. Registrar Copy to:
1. Mr. Mahender Agarwal, 326A, Prince Complex, Hazratganj, Lucknow 226001.
2. The C.P.I.O.
Ministry of Coal, Shastri Bhawan, New Delhi - 110001.
3. The F.A.A., Ministry of Coal, Shastri Bhawan, New Delhi - 110001.