Central Information Commission Judgements

Mr.Parshuram Jha vs Food Corporation Of India on 12 September, 2011

Central Information Commission
Mr.Parshuram Jha vs Food Corporation Of India on 12 September, 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/C/2011/000494

Name of Complainant               :      Mr. Parshuram Jha

Name of Respondent                :      Food Corporation of India

                                      ORDER

The Commission has received a complaint dated 16.3.2011 from Mr.
Parshuram Jha u/s 18 of the RTI Act, 2005, against Food Corporation of India
for deemed refusal to his RTI request dated 4.3.2011 and first appeal dated
3.4.2011.

2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI
Act, viz., appeals and complaints, this case is remitted to CPIO, Food
Corporation of India, Patna (along with copy of complaint and RTI-request), with
the following directions:

(i) In case no reply has been given by CPIO to the complainant to his
RTI-request dated 4.3.2011, CPIO should furnish a reply to the
complainant within two weeks of receipt of this order.

(ii) 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 one week of receipt of this order.

(iii) CPIO should invariably indicate to the complainant the name and
address of the 1st Appellate Authority, before whom the complainant
can file first-appeal, if any.

3. In case the complainant 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/C/2011/000494

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 complainant 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 complaint is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
12.09.2011

Authenticated true copy:

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

Copy to:

1. Mr. Parshuram Jha,      
Ward No.15,  Sant Nagar, 
Hanuman Chowk,
Gangajala, Saharsa, 
Patna.

2. The C.P.I.O.

Food Corporation of India,
Saharsa, Near Bus Stand,
Patna.

3. The First Appellate Authority,
Food Corporation of India,
Regional Office,
Arunachal Bhavan,
Exhibition Road,
Patna. Bihar.