Central Information Commission Judgements

Mr.Harsh Rathode vs Ministry Of Urban Development on 29 September, 2011

Central Information Commission
Mr.Harsh Rathode vs Ministry Of Urban Development on 29 September, 2011
              CENTRAL INFORMATION COMMISSION
              Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
                    Bhikaji Cama Place, New Delhi-110066.
                         Telefax:011-26180532 & 011-26107254
                                    website:cic.gov.in

                                                              Date : September 29, 2011

                     Appeal No. : CIC/DS/A/2011/000597

Appellant                 :      Shri Harsh Rathore, Jaipur (Rajasthan).
Public Authority          :      C. G. E. W. H. O., New Delhi.


                                        ORDER

The Commission has received an appeal petition, dated 05/01/2011 (Diary
No:2782/2011) from Shri Harsh Rathore, Jaipur (Rajasthan) in respect of his/her
RTI-application on 05/10/2010 filed with the CPIO, C. G. E. W. H. O., Head
Quarter, 6th Floor, A-Wing, Janpath Bhawan, Janpath, New Delhi-110001.

2. On Perusal of the papers submitted by the appellant, it is observed that
appellant’s RTI-request was replied to by the CPIO, letter No.:A-308/3(5), dated
02/11/2010.

3. The Appellant preferred his/her first-appeal on 16/11/2010 before the First Appellate
Authority, which has not been decided by FAA (Copy of First Appeal is enclosed).

4. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act, viz.

appeals and complaints, the matter is remanded back to the First Appellate
Authority, with the following directions:
i. In case, the first appeal dated 16/11/2010 has not been disposed of by FAA,
he should dispose of the first appeal by passing a speaking order in the
matter, within 2 weeks of receipt of this order.

ii. In case, FAA has already disposed of the first-appeal, he should furnish a
copy of his order to the Appellant within one (1) week of receipt of this
order.

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iii. A copy of First Appellate Authority order will be endorsed to the
Commission clearly indicating the case number and reason for delay, if any,
in providing information.

5. In case, the Appellant still feels aggrieved by the decision of FAA, he/she shall be free
to approach the Commission in second appeal under section 19(3), along with
complaint under section18, if any, within the prescribed time limit.

(Smt. Deepak Sandhu)
Information Commissioner (DS)

Authenticated true copy:

(T. K. Mohapatra)
US & Dy. Registrar
Tele. No. 011-26105027
tk.mohapatra@nic.in

Copy to:-

1. Shri Harsh Rathore
C/o. 3-A, Shriram Bhawan,
Rama Nagar Chauraha,
Sodala, Civil Lines,
Jaipur-6 (Rajasthan).

2. Central Public Information Officer
Deputy Director (Admn.),
Central Government Employees Welfare Housing Organisation,
6th Floor, A-Wing, Janpath Bhawan,
Janpath, New Delhi-110001.

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3. First Appellate Authority under RTI
Director,
Central Government Employees Welfare Housing Organisation,
6th Floor, A-Wing, Janpath Bhawan,
Janpath, New Delhi-110001.

-:-

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