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[Cites 5, Cited by 0]

Central Information Commission

Mr.Suresh Kumar S vs Directorate Of Enforcement on 13 February, 2013

                          Central Information Commission
               Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
                       Bhikaji Cama Place, New Delhi-110066
                        Web: www.cic.gov.in Tel No: 26167931

                                                        Case No. CIC/SS/A/2012/003187
                                                                      Dated: 13.2.2013

Name of Appellant                        :      Mr. Suresh Kumar S

Name of Respondent                       :      Directorate of Enforcement
                                                New Delhi

                                             ORDER

The Commission has received an appeal dated 24.8.2012 from Mr. Suresh Kumar S against the Directorate of Enforcement, New Delhi for deemed refusal to his RTI request dated 20.12.2010 and first appeal dated 24.8.2012.

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 Enforcement, 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 Appellant to his RTI-

request dated 20.12.2010 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.

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 appeal u/s 18, if any.

No.CIC/SS/A/2012/003187 The appeal is disposed of with above directions.

Sd/-

(Sushma Singh) Information Commissioner Authenticated true copy:

(D.C. Singh) Dy. Registrar Copy to:
1. Mr. Suresh Kumar S, Mishal, KRA 69, Karichiyil Attingal, P.O. Attingal, Trivandurm, Kerala - 695101.
2. The C.P.I.O., The Director(Investigation), Directorate of Enforcement, Room No. 243-F, Nerw Delhi.
3. The F.A.A., Directorate of Enforcement, 6th Floor, Lok Nayak Bhawan, Khan Market, New Delhi - 110003