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Central Information Commission
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F.No.CIC/AD/C/2011/000798 Dated :30 September 2011
Complainant : Shri Mohan Ch. Sahani
S/o Shri V. Karunakar Sahani
AT - Guljan Nagar Patna
PO Darpangarh
Via Chandikka
Jagpur District
Orissa
Respondents : The Public Information Officer
South Eastern Railway
Divisional Railway Manager’s Office
Kharagpur Division
Kharagpur
Commission has received a complaint petition dated 26.3.11 from Shri Mohan
Ch. Sahani against the PIO, South Eastern Railway, Kharagpur under Section 18 of
the Right to Information Act, regarding deemed refusal of his RTI request dated 23.2.11
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 CPIO West Central Railway HQ, Jabalpur is directed as
follows:
a) In case no reply has been given by CPIO to the complainant to his RTI request
dated 23.2.11 CPIO should furnish a reply to the complainant within 1 week
of receipt of this order.
b) In case CPIO has already given a reply to the complainant in the matter, he
should furnish a copy of his reply to the complainant within 1 week of receipt
of this order.
c) CPIO should invariably indicate to the complainant the name and the address
of the 1st Appellate Authority, before whom the appellant can file first appeal, if
any.
ii) Directions to Petitioner :
(a) If the complainant is aggrieved 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 1st Appellate Authority, who would dispose of the appeal
under the relevant provisions of RTI Act.
(b) If the complainant is still aggrieved with the decision of AA, he may
approach the Commission in 2nd appeal under section 19(3) along with the
complaint u/s 18, if any, within the prescribed time limit.
iii) Directions to AA : On receipt of the 1stappeal from the petitioner as per the
above directions, AA should dispose of the appeal within the period stipulated in
the RTI Act.
3. With the above directions, the matter is closed at the Commission’s end.
4. Issued with the approval of Information Commissioner, Mrs. Annapurna Dixit.
(G.Subramanian)
Deputy Registrar
Copy to
1. Shri Mohan Ch. Sahani
S/o Shri V. Karunakar Sahani
AT – Guljan Nagar Patna
PO Darpangarh
Via Chandikka
Jagpur District
Orissa
2. The Public Information Officer
South Eastern Railway
Divisional Railway Manager’s Office
Kharagpur Division
Kharagpur
3. The Appellate Authority
South Eastern Railway
Divisional Railway Manager’s Office
Kharagpur Division
Kharagpur