Central Information Commission Judgements

Mr.Anshu Kumar vs Ministry Of Home Affairs on 19 October, 2011

Central Information Commission
Mr.Anshu Kumar vs Ministry Of Home Affairs on 19 October, 2011
                    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/2011/001449

Name of Appellant                  :      Mr. Anshu Kumar

Name of Respondent                 :      Ministry of Home Affairs

                                       ORDER

The Commission has received an appeal dated 2.8.2011 from Mr. Anshu
Kumar u/s 18 of the RTI Act, 2005, against the Ministry of Home Affairs
pertaining to his RTI-request dated 30.4.2011.

2. Perused the documents submitted by the Appellant it is observed that
Appellant’s RTI-request dated 30.4.2011 was replied to by PIO, Ministry of Home
Affairs, New Delhi, vide letter No. RTI-26030/37/2011-IC-II dated 23.6.2011.

3. The Appellant has not availed the first-appellate channel u/s 19(1) of the
RTI Act.

4. In order to avoid multiple proceedings under section 19 and 18 of the RTI
Act, viz., appeals and complaints, the Appellant is advised to file his first appeal
against the decision of PIO before Appellate Authority, Joint Secretary, Ministry
of Home Affairs, New Delhi under Section 19(1) of the RTI Act, within four
weeks of receipt of this Order.

5. On receipt of first-appeal from the Appellant, as per directions above, AA
is directed to dispose it of through a speaking order, within four weeks of
receipt of the first-appeal.

6. 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 complaint u/s 18, if any, within the prescribed
time limit.

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Case No. CIC/SS/A/2011/001449

The Appeal is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
19.10.2011

Authenticated true copy:

(K.K. Sharma)
OSD & Dy. Registrar

Copy to:

1. Mr. Anshu Kumar,   
High Court Allahabad,
23/47/112A Kidwai Nagar,
Allapur, Allahabad.

2.   The First Appellate Authority,
Joint Secretary,
Ministry of Home Affairs,
Jaisalmer House,
26 Man Singh Road,
New Delhi-110011.