Central Information Commission Judgements

Mr.Shankar Dass Falwaria vs Ministry Of Water Resources on 11 October, 2011

Central Information Commission
Mr.Shankar Dass Falwaria vs Ministry Of Water Resources on 11 October, 2011
                    Central Information Commission
                 Room No. 5, Club Building, Near Post Office
                   Old J.N.U. Campus, New Delhi - 110067
                    Web: www.cic.gov.in Tel No: 26161997

                                               Case No. CIC/SS/A/2011/001146

Name of Appellant                 :      Mr. Shankar Dass Falwaria

Name of Respondent                :      Ministry of Water Resources
                                         Central Ground Water Board


                                      ORDER

The Commission has received an appeal dated 20.6.2011 from Mr.
Shankar Dass Falwaria u/s 18 of the RTI Act, 2005, against Ministry of Water
Resources, Central Ground Water Board, Faridabad stating that the first-
appellate authority has not decided his first-appeal dated 16.4.2011 pertaining to
his RTI-request dated 17.1.2011.

2. Perused the documents submitted by the Appellant. It is observed that
Appellant’s RTI-request dated 17.1.2011 was replied to by PIO, Central Ground
Water Authority, New Delhi, vide letter No. RTI/CGWA/10-237 dated 11.3.2011.

3. The Appellant filed his first-appeal dated 16.4.2011 before AA, Member,
Ministry of Water Resources, Central Ground Water Board, Faridabad which was
not decided by AA.

4. In order to avoid multiple proceedings under section 19 and 18 of the RTI
Act, viz., appeals and complaints, the matter is remitted to AA, Member, Ministry
of Water Resources, Central Ground Water Board, Faridabad (along with a copy
of complaint), with the following directions:

i) In case the first appeal dated 16.4.2011 has not been disposed of by AA,
he should dispose of the first appeal by passing a speaking order, after
hearing the parties in the matter, within two weeks of receipt of this
order.

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

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Case No. CIC/SS/A/2011/001146

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

The Appeal is disposed of with above directions.

(Sushma Singh)
Information Commissioner
11.10.2011

Authenticated true copy:

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

Copy to:

1. Shri Shnkar Dass Falwaria,
25/3 Ashok Nagar, Tilak Nagar,
New Delhi – 10018.

2. The First Appellate Authority,
Shri Sushil Gupta,
Member,
Ministry of Water Resources,
Central Ground Water Board,
Bhujal Bhawan, NH-IV,
Faridabad – 121001.