Central Information Commission Judgements

Smt.Arati Roy vs Ministry Of Coal on 10 June, 2011

Central Information Commission
Smt.Arati Roy vs Ministry Of Coal on 10 June, 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/C/2011/000199

Name of Complainant                 :     Smt. Arati Roy

Name of Respondent                  :     Coking Coal Ltd.


                                        ORDER

The Commission has received a complaint dated Nil (received on
29.11.2010 from Smt. Arati Roy u/s 18 of the RTI Act, 2005, against the
Coking Coal Ltd, Ranchi for deemed refusal to his RTI request dated 26.8.2010
and first appeal dated 25.10.2010.

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, Coking Coal
Ltd., Ranchi (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 26.8.2010, 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 Appellate Authority (AA).

Case No. CIC/SS/C/2011/000199

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
10.6.2011

Authenticated true copy:

(S.Padmanabha)
Under Secretary & Deputy Registrar

Copy to:

       1       Smt. Arati Roy,
               Block A, Flat No. A1 (1st Floor),
               S.P. Mukherjee Road,
               Margasal, Asansol,
               West Bengal.

     2.        The P.I.O.,
               Coking Coal Limited.,
               Ranchi.