Central Information Commission Judgements

Mr.Rajesh Gupta vs National Highways Authority Of … on 15 December, 2010

Central Information Commission
Mr.Rajesh Gupta vs National Highways Authority Of … on 15 December, 2010
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                                                                     Dated: 15.12.2010

                Proceeding in Complaint No. CIC/AT/C/2010/001010


               Present: Shri A.N. Tiwari,, Chief Information Commissioner


Complainant:            Shri Rajesh Gupta

Respondents:            National Highways Authority of India

Shri Rajesh Gupta of Durgapur has filed this complaint dated 5.8.2010 before
the Commission against National Highways Authority of India (NHAI), New Delhi
for deemed refusal to his RTI-request dated 27.4.2010 and first-appeal dated 7.6.2010.

2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI
Act, viz., appeals and complaints, the matter is remitted to CPIO, National Highways
Authority of India, G-5 & 6, Sector-10, Dwarka, New Delhi-110075 (enclosing
herewith 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 27.4.2010, 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.

(iv) A copy of CPIO’s reply should also be endorsed to the Commission.

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 AA.

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 complainant still feels aggrieved by the decision of AA, he shall be
free to approach the Commission in second appeal under section 19(3), along with
complaint u/s 18, if any, within the prescribed time limit.

6. The matter is closed with the above directions.

Sd/-

(A.N. Tiwari)
Chief Information Commissioner