Central Information Commission
Mr.Kamal Choradia vs Ministry Of Railways on 17 May, 2012
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F.No.CIC/AD/C/2011/001115 Dated : 17.5.2012.
Complainant : Shri Kamal Choradia
B6, H M Market, T R P Road
Fancy Bazar
Guwahati - 781 001.
Respondents : The Public Information Officer
Sr.DCM N F Railway Rangia.
Assam.
Commission has received a complaint petition dated 23.5.11 from Shri Kamal Choradia against the PIO, Sr. DCM, N F Railway, Rangia, Assam under Section 18 of the Right to Information Act, regarding deemed refusal of his RTI request dated 15.12.2010.
2. In order to avoid multiple proceedings under section 18 and 19 of the RTI Act, viz., appeals and complaints, it is directed as follows:
i) Directions to CPIO Sr.DCM, N F Railway, Rangia, Assam is directed as follows:
a) In case no reply has been given by CPIO to the complainant to his RTI request dated 15.12.2010 CPIO should furnish a reply to the complainant within 1 week of receipt of this order.
b) 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 1 week of receipt of this order.
c) CPIO should invariably indicate to the complainant the name and the address of the 1st Appellate Authority, before whom the appellant can file first appeal, if any.
ii) Directions to Petitioner :
(a) If the complainant is aggrieved 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 1st AA, who would dispose of the appeal under the relevant provisions of RTI Act.
(b) If the complainant is still aggrieved with the decision of AA, he may approach the Commission in 2nd appeal under section 19(3) along with the complaint u/s 18, if any, within the prescribed time limit.
iii) Directions to AA : On receipt of the 1st appeal from the petitioner as per the above directions, AA should dispose of the appeal within the period stipulated in the RTI Act.
3. With the above directions, the matter is closed at the Commission's end.
4. Issued with the approval of Information Commissioner, Mrs. Annapurna Dixit.
(G.Subramanian) Deputy Registrar Copy to:
1. Shri Kamal Choradia B6, H M Market, T R P Road Fancy Bazar Guwahati - 781 001.
2. The Public Information Officer Sr.DCM N F Railway Rangia, Assam.
3. The Appellate Authority Sr. DCM N F Railway Rangia Assam.