Central Information Commission Judgements

Mrs.Cecilia Francis vs Ministry Of Coal on 17 October, 2011

Central Information Commission
Mrs.Cecilia Francis vs Ministry Of Coal on 17 October, 2011
                    Central Information Commission
         Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
                 Bhikaji Cama Place, New Delhi-110066
                  Web: www.cic.gov.in Tel No: 26167931

                                               Case No. CIC/SS/A/2011/000792

Name of Appellant                 :      Mrs. Cecilia Francis

Name of Respondent                :      Central Coal Fields Limited

                                      ORDER

The Commission has received an appeal dated Nil (received on
15.12.2010) from Mrs. Cecilia Francis u/s 18 of the RTI Act, 2005, against
Central Coal Fields Limited stating that the first-appellate authority has not
decided her first-appeal dated 7.10.2010 pertaining to her RTI-request dated
31.5.2010.

2. Perused the documents submitted by the Appellant. It is observed that
Appellant’s RTI-request dated 31.5.2010 was replied to by CPIO, Central Coal
Fields Limited vide letter No. GM(KTA)/AA/RTI/10/801 dated 30.9.2010.

3. The Appellant filed her first-appeal on 7.10.2010 before AA, Central Coal
Fields Limited, Jharkhand 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, Central Coal
Fields Limited, Jharkhand (along with a copy of complaint), with the following
directions:

i) In case the first appeal dated 7.10.2010 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/2011/000792

5. In case the Appellant is not satisfied with the decision of First Appellate
Authority, she 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
17.10.2011

Authenticated true copy:

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

Copy to:

1. Mrs. Cecilia Francies,   
W/o Late M. Francis,
85/A, Kamarajar Street,
Govindaraj Nagar,
Bagayam, Otteri,
Vellore, Tamil Nadu – 632002.

2. The First Appellate Authority,
General Manager,
Kathara Area,
Central Coal Fields Limited,
Kathara PO.,
Kathara Distict,
Bokaro, Jharkhand.