Central Information Commission
Mr.Syed Khasim Hussain vs Ministry Of Coal on 5 July, 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/2012/001576
Dated: 5.7.2012
Name of Appellant : Mr. Syed Khasim Hussain
Name of Respondent : Ministry of Coal
ORDER
The Commission has received an appeal dated 27.2.2012 from Mr. Syed Khasim Hussain against the Ministry of Coal for deemed refusal to his RTI request dated 2.12.2011.
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, Ministry of Coal, 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 2.12.2011, 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).
Case No. CIC/SS/A/2012/0001576
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.
The appeal is disposed of with above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh) Deputy Registrar Copy to:
1. Mr. Syed Khasim Hussain, H.No. 14-1-121, SBH Road, Paloncha-507115, Khammam Dt., Andhra Pradesh.
2. The C.P.I.O., Ministry of Coal, Shasri Bhawan, New Delhi.