Central Information Commission
Mr.M O Kochupailo vs Ministry Of Railways on 7 May, 2012
Central Information Commission
Room No. 296, August Kranti Bhavan
Bhikaji cama Place
New Delhi - 110066
F.No. CIC/AD/C/2011/001354
7 May, 2012
Complainant : Mr. M.O. Kochupailo
R/o 119 B, Yogendra Nagar
P.O. Katol Road
Nagpur 440013
Respondents : The Public Information Officer
O/o Sr. DCM South Central Railway Nagpur The Commission has received a complaint dated 7.7.11 from Mr. Kochupailo against the PIO, O/o Sr. DCM, SC Rly, Nagpur under Section 18 (1) of the Right to Information Act, regarding deemed refusal of his RTIapplication dated 12.11.09.
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 PIO
a) In case no reply has been given by PIO to the complainant to his/her RTIapplication dated 12.11.09 the PIO should furnish a reply to the complainant within 1 week of receipt of this order.
b) In case the PIO has already given a reply to the Complainant in the matter, he/she should furnish a copy of his/her reply to the Complainant within 1 week of receipt of this order.
c) The PIO should invariably indicate to the Complainant the name and the address of the 1st Appellate Authority, before whom the complainant can file first appeal, if any.
ii) Directions to Complainant :
(a) If the Complainant is aggrieved with the reply received from the PIO, he/she under section 19(1) of the RTI Act, may within the time prescribed file his/her first appeal before the 1st Appellate Authority (AA), who would dispose off the appeal under the relevant provisions of RTI Act.
(b) If the Complainant is still aggrieved with the decision of the FAA, he/she may approach the Commission in 2nd appeal under section 19(3) along with a complaint u/s 18, if any, within the prescribed time limit.
iii) Directions to FAA : On receipt of the 1stappeal from the petitioner as per the above directions, the FAA should dispose off the appeal within the period stipulated in the RTI Act.
3. The petition is disposed off with the above directions.
4. Issued with the approval of Information Commissioner, Mrs. Annapurna Dixit.
(G. Subramanian) Deputy Registrar Copy to:
1. Mr. M.O. Kochupailo R/o 119 B, Yogendra Nagar P.O. Katol Road Nagpur 440013
2. The Public Information Officer O/o Sr. DCM South Central Railway Nagpur