Mr.Rajesh Kumar Bharti vs Ministry Of Home Affairs on 12 July, 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/2011/000760

Name of Appellant                      :       Mr. Rajesh Kumar Bharti

Name of Respondent                     :       Ministry of Home Affairs

                                           ORDER

The Commission has received an appeal dated 6.4.2011 from Mr. Rajesh Kumar
Bharti u/s 18 of the RTI Act, 2005, against the Ministry of Home affairs for deemed refusal
to his RTI request dated 27.10.2010 and first appeal dated 7.1.2011.

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 Home Affairs
(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 27.10.2010, 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).

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.

CIC/SS/A/2011/000760

The appeal is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
12.7.2011

Authenticated true copy:

(K.K. Sharma)
OSD & Assistant Registrar

Copy to:

1. Mr. Rajesh Kumar Bharti,
People’s All India Anti Corruption and
Crime Prevention Society,
House No. 201, Neharwali Gali,
Gaon Sindhu,
Delhi – 110040.

2. The C.P.I.O.,
Dr. A.K. Saxena,
Director(Delhi),
Ministry of Home Affairs,
North Block,
New Delhi.