Central Information Commission Judgements

Mr.Dileep Nevatia vs Ministry Of Shipping,Road … on 2 June, 2011

Central Information Commission
Mr.Dileep Nevatia vs Ministry Of Shipping,Road … on 2 June, 2011
                         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/2011/000375

Name of Appellant                  :      Mr. Dilip Nevatia

Name of Respondent                 :      Ministry of Road Transport & Highway

                                       ORDER

The Commission has received an appeal dated 27.12.2010 from Mr. Dilip
Nevatia u/s 18 of the RTI Act, 2005, against the Ministry of Road Transport &
Highway, New Delhi for deemed refusal to his RTI request dated 12.10.2010 and
first appeal dated 15.11.2010.

2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI
Act, viz., complaints and appeals, this case is remitted to CPIO, Ministry of Road
Transport & Highway (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 12.10.2010, 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/2011/000375

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, within the prescribed time
limit.

The appeal is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
2.6.2011

Authenticated true copy:

(S.Padmanabha)
Under Secretary & Deputy Registrar

Copy to:

1. Mr. Dilip Nevatia,
5 A Shashi Deep,
Worli Sea Face,
Mumbai – 400030.

2. The C.P.I.O.,
Ministry of Road Transport & Highway,
Transport Bhavan, Parliament Street,
New Delhi.

3. The First Appellate Authority,
Ministry of Road Transport & Highway,
Transport Bhavan, Parliament Street,
New Delhi.